AN ACT relating to medical care; limiting
the circumstances under which certain persons may communicate with the
physician or chiropractor of an injured employee; requiring the administrator
of the division of industrial relations of the department of business and
industry to encourage employers to hire persons trained to render emergency
medical care involving the use of an automatic external defibrillator;
providing that certain persons who are trained to provide such care and their
employers are not liable for civil damages resulting from the provision of that
care under certain circumstances; and providing other matters properly relating
thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 616D of NRS
is hereby amended by adding thereto a new section to read as follows:

1. An insurer, an
employer, an organization for managed care, a third-party administrator or the
representative of any of those persons, the Nevada attorney for injured workers
or an attorney or other compensated representative of an injured employee shall
not initiate:

(a) Any oral
communication relating to the medical disposition of the claim of an injured
employee with the injured employees examining or treating physician or
chiropractor unless the initiator of the oral communication:

(1) Maintains, in
written form or in a form from which a written record may be produced, a log
that includes the date, time and subject matter of the communication; and

(2) Makes the log
available, upon request, to each insurer, organization for managed care and
third-party administrator interested in the claim or the representative of each
of those persons, the administrator and the injured employee, his
representative and his employer; or

(b) Any written
communication relating to the medical disposition of the claim with the injured
employees examining or treating physician or chiropractor unless a copy of the
communication is submitted to the injured employee or his representative in a
timely manner.

2. If the
administrator determines that a person has violated the provisions of this
section, he shall:

(a) For an initial
violation, issue a notice of correction.

(b) For a second
violation, impose an administrative fine of not more than $250.

(c) For a third or
subsequent violation, impose an administrative fine of not more than $1,000.

Sec. 2. Chapter 618 of NRS
is hereby amended by adding thereto a new section to read as follows:

The administrator shall
encourage all employers who are required to establish a written safety program
pursuant to NRS 618.383 to include as a part of that program the employment of
a person who has successfully completed the training requirements of a course
in basic emergency care of a person in cardiac arrest that:

1. Included
training in the operation and use of an automatic external defibrillator; and

2. Was conducted
in accordance with the standards of the American Heart Association.

Sec. 3. NRS 41.500 is hereby
amended to read as follows:

41.5001. Except as
otherwise provided in NRS 41.505, any person in this state [,] who renders emergency care or
assistance in an emergency, gratuitously and in good faith, is not liable for
any civil damages as a result of any act or omission, not amounting to gross
negligence, by him in rendering the emergency care or assistance or as a result
of any act or failure to act, not amounting to gross negligence, to provide or
arrange for further medical treatment for the injured person.

2. Any person in this state who acts as a
driver of an ambulance or attendant on an ambulance operated by a volunteer
service or as a volunteer driver or attendant on an ambulance operated by a
political subdivision of this state, or owned by the Federal Government and
operated by a contractor of the Federal Government, and who in good faith
renders emergency care or assistance to any injured or ill person, whether at
the scene of an emergency or while transporting an injured or ill person to or
from any clinic, doctors office or other medical facility, is not liable for
any civil damages as a result of any act or omission, not amounting to gross
negligence, by him in rendering the emergency care or assistance, or as a
result of any act or failure to act, not amounting to gross negligence, to
provide or arrange for further medical treatment for the injured or ill person.

3. Any appointed member of a volunteer
service operating an ambulance or an appointed volunteer serving on an
ambulance operated by a political subdivision of this state, other than a
driver or attendant, of an ambulance, is not liable for any civil damages as a
result of any act or omission, not amounting to gross negligence, by him
whenever he is performing his duties in good faith.

4. Any person who is a member of a search
and rescue organization in this state under the direct supervision of any
county sheriff who in good faith renders care or assistance in an emergency to
any injured or ill person, whether at the scene of an emergency or while
transporting an injured or ill person to or from any clinic, doctors office or
other medical facility, is not liable for any civil damages as a result of any
act or omission, not amounting to gross negligence, by him in rendering the
emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for
further medical treatment for the injured or ill person.

amounting to gross negligence, to provide or arrange for
further medical treatment for the injured or ill person.

5. Any person who is employed by or
serves as a volunteer for a public fire-fighting agency and who is authorized
pursuant to chapter 450B of NRS to render emergency medical care at the scene
of an emergency is not liable for any civil damages as a result of any act or
omission, not amounting to gross negligence, by that person in rendering that
care or as a result of any act or failure to act, not amounting to gross
negligence, to provide or arrange for further medical treatment for the injured
or ill person.

6. Any person who:

(a) Has successfully completed a course in
cardiopulmonary resuscitation according to the guidelines of the American
National Red Cross or American Heart Association;

(b) Has successfully completed the training
requirements of a course in basic emergency care of a person in cardiac arrest
conducted in accordance with the standards of the American Heart Association;
or

(c) Is directed by the instructions of a
dispatcher for an ambulance, air ambulance or other agency that provides emergency
medical services before its arrival at the scene of the emergency,

and who in good faith renders cardiopulmonary resuscitation
in accordance with his training or the direction, other than in the course of
his regular employment or profession, is not liable for any civil damages as a
result of any act or omission, not amounting to gross negligence, by that
person in rendering that care.

7. Any person who
has successfully completed the training requirements of a course in basic
emergency care of a person in cardiac arrest that:

(a) Included training in
the operation and use of an automatic external defibrillator; and

(b) Was conducted in accordance
with the standards of the American Heart Association,

and who renders emergency medical
care involving the use of an automatic external defibrillator in accordance
with his training is not liable for any civil damages as a result of any act or
omission, not amounting to gross negligence, by that person in rendering that
care. A business or organization that employs a person who renders emergency
care in accordance with this subsection is not liable for any civil damages as
a result of any act or omission, not amounting to gross negligence, by the
person rendering such care or for providing the automatic external
defibrillator to the person for the purpose of rendering such care.

AN ACT relating to real estate; providing
for the certification of inspectors of structures by the real estate division
of the department of business and industry; imposing a fee; providing
penalties; making an appropriation; and providing other matters properly
relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.Title 54 of
NRS is hereby amended by adding thereto a new chapter to consist of the
provisions set forth as sections 2 to 28, inclusive, of this act.

Sec. 2. As used in this
chapter, unless the context otherwise requires, the words and terms defined in
sections 3 to 9, inclusive, of this act have the meanings ascribed to them in
those sections.

Sec. 3. Administrator
means the real estate administrator.

Sec. 4. Certificate means
a certificate issued to an inspector pursuant to this chapter.

Sec. 5. Certified
inspector means an inspector to whom a certificate has been issued pursuant to
this chapter.

Sec. 6. Division means the
real estate division of the department of business and industry.

Sec. 7. Inspection means a
physical examination of the mechanical, electrical or plumbing systems of a
structure or of the structural components of a structure. The term includes any
consultation regarding a structure that is represented to be a certified
inspection or any other title, word or other designation intended to imply or
designate that the consultation is a certified inspection.

Sec. 8. Inspection report
means an analysis, opinion or conclusion, regarding the condition of a
structure, that is:

1. Provided after an inspection, in a
written report, for or with the expectation of receiving compensation for the
report; and

2. Designed to describe and identify the
inspected systems or structural components of the structure, their physical
condition, any material defect and any recommendation for evaluation by another
person.

Sec. 9. Inspector means a
person who examines any component of a structure and prepares or communicates
an inspection report. The term does not include any person who merely relays an
inspection report on behalf of the person who prepares it.

Sec. 10. The provisions of
this chapter do not apply to:

1. A federal or state employee, or an
employee of a local government, who prepares or communicates an inspection
report as part of his official duties, unless a certificate is required as a
condition of his employment.

2. A person appointed to evaluate real
estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the
appointing judge.

3. A board of appraisers acting pursuant
to NRS 269.135.

4. A person licensed, certified or
registered pursuant to chapter 645, 645C or 684A of NRS while he is performing
an act within the scope of his license, certification or registration.

5. A person who makes an evaluation of an
improvement as an incidental part of his employment for which special
compensation is not provided, if that evaluation is only provided to his
employer for internal use within the place of his employment.

6. A person who provides an estimate of
cost, repair or replacement of any improvements upon real estate.

Sec. 11. 1. The
division shall administer the provisions of this chapter and may employ legal
counsel, investigators and other professional consultants necessary to
discharge its duties pursuant to this chapter.

2. An employee of the division shall not:

(a) Be employed by or have an interest in any
business that prepares inspection reports; or

(b) Act as an inspector or as an agent for an
inspector.

Sec. 12. The division shall
adopt:

1. Regulations prescribing the education
and experience required to obtain a certificate.

2. Regulations prescribing a standard of
practice and code of ethics for certified inspectors. Such regulations must
establish a degree of care that must be exercised by a reasonably prudent
certified inspector.

3. Such other regulations as are
necessary for the administration of this chapter.

Sec. 13. 1. The
division shall maintain a record of:

(a) Persons from whom it receives applications
for a certificate;

(b) Investigations conducted by it that result
in the initiation of formal disciplinary proceedings;

(c) Formal disciplinary proceedings; and

(d) Rulings or decisions upon complaints filed
with it.

2. Except as otherwise provided in this
section, records kept in the office of the division pursuant to this chapter
are open to the public for inspection pursuant to regulations adopted by the
division. The division shall keep confidential, unless otherwise ordered by a
court:

(a) Information obtained by the division while
investigating alleged violations of this chapter; and

(b) The criminal and financial records of an
inspector or of an applicant for a certificate.

Sec. 14. 1. All
fees, penalties and other charges received by the division pursuant to this
chapter must be deposited with the state treasurer for credit to the state
general fund.

2. Money for the support of the division
in carrying out the provisions of this chapter must be provided by direct
legislative appropriation and be paid out on claims as other claims against the
state are paid.

Sec. 15. 1. The
attorney general shall render to the division opinions upon questions of law
relating to the construction or interpretation of this chapter, or arising in
the administration thereof, submitted to him by the division.

2. The attorney general shall act as the
attorney for the division in all actions and proceedings brought against or by
the division pursuant to any of the provisions of this chapter.

Sec. 16. 1. Any
person who, in this state, engages in the business of, acts in the capacity of,
or advertises or assumes to act as an inspector without first obtaining a
certificate pursuant to this chapter is guilty of a misdemeanor.

2. The division may file a complaint in
any court of competent jurisdiction for a violation of this section and assist
in presenting the law or facts at any hearing upon the complaint.

3. At the request of the administrator,
the attorney general shall prosecute such a violation. Unless the violation is
prosecuted by the attorney general, the district attorney shall prosecute a
violation that occurs in his county.

Sec. 17. An application for
a certificate must be in writing upon a form prepared and furnished by the
division. The application must include the following information:

1. The name, age and address of the
applicant.

2. The place or places, including the
street number, city and county, at which the applicant intends to maintain an
office to conduct business as an inspector.

3. The business, occupation or other
employment of the applicant during the 5 years immediately preceding the date
of the application, and the location thereof.

4. The applicants education and
experience to qualify for a certificate.

5. Whether the applicant has ever been
convicted of, is under indictment for, or has entered a plea of guilty or nolo
contendere to:

(b) Mail a completed card to the Federal Bureau
of Investigation or any other agency of law enforcement; and

(c) Request from such an agency any information
regarding the applicants criminal history that the division deems necessary.

Sec. 19. 1. The
administrator shall require each applicant for an original certificate and each
applicant for renewal of a certificate to submit proof that he or his employer
holds a policy of insurance covering:

(a) Liability for errors or omissions in an
amount of not less than $100,000; and

(b) General liability in an amount of not less
than $100,000.

2. Each certified inspector or his
employer shall maintain a policy of insurance that complies with the
requirements of subsection 1.

Sec. 20. 1. The
administrator shall issue a certificate to any person who:

(a) Is of good moral character, honesty and
integrity;

(b) Has the education and experience prescribed
in the regulations adopted pursuant to section 12 of this act; and

(c) Has submitted proof that he or his employer
holds a policy of insurance that complies with the requirements of subsection 1
of section 19 of this act.

2. The administrator may deny an
application for a certificate to any person who:

(a) Has been convicted of, or entered a plea of
guilty or nolo contendere to, forgery, embezzlement, obtaining money under
false pretenses, larceny, extortion, conspiracy to defraud or any crime
involving moral turpitude;

(b) Makes a false statement of a material fact
on his application;

(c) Has had a certificate suspended or revoked
pursuant to this chapter within the 10 years immediately preceding the date of
his application; or

(d) Has not submitted proof that he or his
employer holds a policy of insurance that complies with the requirements of
subsection 1 of section 19 of this act.

Sec. 21. 1. If
an application for a certificate is denied:

(a) The division shall notify the applicant
within 15 days after its decision; and

(b) The applicant may not reapply until he
petitions the division for leave to file another application. The division may
grant or deny that leave in its sole discretion.

2. If the applicant, within 30 days after
receipt of the notice denying his application, files a written request
containing allegations that, if true, qualify the applicant for a certificate,
the administrator shall set the matter for a hearing before a hearing officer
of the division to be conducted within 60 days after receipt of the applicants
request. The decision of the hearing officer is a final decision for the
purposes of judicial review.

Sec. 22. The division, upon
the discovery of an error in the issuance of a certificate that is related to
the qualifications or fitness of the holder thereof, may invalidate the
certificate upon written notice to the holder. The holder shall surrender the
certificate to the division within 20 days after the notice is sent by the
division. A person whose certificate is invalidated pursuant to this section,
and who has surrendered his certificate, may request a
hearing on the matter in the same manner as for the denial of an application
pursuant to section 21 of this act.

(c) A criminal conviction for a felony or any
offense involving moral turpitude.

2. If grounds for disciplinary action
against a certified inspector exist, the division may, after providing the
inspector with notice and an opportunity for a hearing, do one or more of the
following:

(a) Revoke or suspend his certificate.

(b) Place conditions upon his certificate or
upon the reissuance of a certificate revoked pursuant to this section.

(c) Impose a fine of not more than $1,000 for
each violation.

3. If a certificate is revoked by the
division, another certificate must not be issued to the same inspector for at
least 1 year after the date of the revocation, or at any time thereafter except
in the sole discretion of the administrator, and then only if the inspector satisfies
the requirements for an original certificate.

Sec. 26. A certified
inspector is guilty of unprofessional conduct if he:

1. Fails to disclose to any person with
whom he is dealing any material fact or other information he knows, or in the
exercise of reasonable care and diligence should know, concerning any
improvement he inspects, including any interest he has in the improvement or
the real estate to which it is affixed;

2. Knowingly communicates a false or
fraudulent inspection report to any interested person or otherwise engages in
any deceitful, fraudulent or dishonest conduct;

3. Before obtaining his certificate,
engaged in any conduct of which the division is not aware that would be a
ground for the denial of a certificate;

4. Makes a false statement of material
fact on his application for a certificate; or

5. Performs any repairs for compensation
upon any improvement for which he has prepared an inspection report.

Sec. 27. 1. Whenever
the division believes from evidence satisfactory to it that any person has
violated or is about to violate a provision of this chapter, or a provision of
any regulation, ruling or decision of the division, it may bring an action, in
the name of the division, in the district court of the State of Nevada in and
for the county where the person resides or, if the person resides outside the
State of Nevada, in any court of competent jurisdiction within or outside the
State of Nevada, against the person to enjoin him from engaging in or
continuing the violation, or from doing any act or acts in furtherance of the
violation.

2. If the action is brought in a district
court of the State of Nevada, an order or judgment may be entered, if proper,
awarding a temporary restraining order, preliminary injunction or final
injunction. A preliminary injunction or temporary restraining order must not be
granted without at least 5 days notice to the opposite party.

Sec. 28. 1. A
person who obtains or attempts to obtain a certificate by means of intentional
misrepresentation, deceit or fraud is guilty of a category E felony and shall
be punished as provided in NRS 193.130. In addition to any other penalty, the
court may impose a fine of not more than $10,000.

2. A person who:

(a) Holds himself out as a certified inspector;

(b) Uses in connection with his name the words
licensed, registered, certified or any other title, word, letter or other
designation intended to imply or designate that he is a certified inspector; or

(c) Describes or refers to any inspection report
prepared by him as certified or licensed in this state, without first
obtaining a certificate as provided in this chapter, is guilty of a gross
misdemeanor.

Sec. 29. NRS 645C.150 is
hereby amended to read as follows:

645C.150 The provisions of this chapter
do not apply to:

1. A federal or state employee, or an
employee of a local government, who prepares or communicates an appraisal as
part of his official duties, unless a license or certificate is required as a
condition of his employment.

2. A person appointed to evaluate real
estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the
appointing judge.

3. A board of appraisers acting pursuant
to NRS 269.135.

4. A person licensed pursuant to chapter
645 or 684A of NRS , or certified pursuant to sections 2
to 28, inclusive, of this act, while he is performing an act within the
scope of his license [.]or certificate.

5. A person who makes an evaluation of
real estate as an incidental part of his employment for which [no] special compensation is not provided, if that evaluation is only provided to
his employer for internal use within the place of his employment.

Sec. 30. NRS 113.150 is
hereby amended to read as follows:

113.150 1. If a seller or
his agent fails to serve a completed disclosure form in accordance with the
requirements of NRS 113.130, the purchaser may, at any
time before the conveyance of the property to the purchaser, rescind the
agreement to purchase the property without any penalties.

purchaser may, at any time before the conveyance of the
property to the purchaser, rescind the agreement to purchase the property
without any penalties.

2. If, before the conveyance of the
property to the purchaser, a seller or his agent informs the purchaser or his
agent, through the disclosure form or another written notice, of a defect in
the property of which the cost of repair or replacement was not limited by
provisions in the agreement to purchase the property, the purchaser may:

(a) Rescind the agreement to purchase the
property at any time before the conveyance of the property to the purchaser; or

(b) Close escrow and accept the property with
the defect as revealed by the seller or his agent without further recourse.

3. Rescission of an agreement pursuant to
subsection 2 is effective only if made in writing, notarized and served not
later than 4 working days after the date on which the purchaser is informed of
the defect:

(a) On the holder of any escrow opened for the
conveyance; or

(b) If an escrow has not been opened for the
conveyance, on the seller or his agent.

4. Except as otherwise provided in
subsection 5, if a seller conveys residential property to a purchaser without
complying with the requirements of NRS 113.130 or otherwise providing the
purchaser or his agent with written notice of all defects in the property of
which the seller is aware, and there is a defect in the property of which the
seller was aware before the property was conveyed to the purchaser and of which
the cost of repair or replacement was not limited by provisions in the
agreement to purchase the property, the purchaser is entitled to recover from
the seller treble the amount necessary to repair or replace the defective part
of the property, together with court costs and reasonable attorneys fees. An
action to enforce the provisions of this subsection must be commenced not later
than 1 year after the purchaser discovers or reasonably should have discovered
the defect or 2 years after the conveyance of the property to the purchaser,
whichever occurs later.

5. A purchaser may not recover damages
from a seller pursuant to subsection 4 on the basis of an error or omission in
the disclosure form that was caused by the sellers reliance upon information
provided to the seller by:

(a) An officer or employee of this state or any
political subdivision of this state in the ordinary course of his duties; or

(b) A contractor, engineer, land surveyor , certified inspector as defined in section 5 of this act
or pesticide applicator, who was authorized to practice that profession in this
state at the time the information was provided.

6. A purchaser of residential property
may waive any of his rights under this section. Any such waiver is effective
only if it is made in a written document that is signed by the purchaser and
notarized.

Sec. 31. 1. There
is hereby appropriated from the state general fund to the real estate division
of the department of business and industry for costs related to the
certification of inspectors of structures:

For the fiscal year 1997-1998........................................................................... $36,556

For the fiscal year 1998-1999........................................................................... $27,524

2.Any balance of the sums
appropriated by subsection 1 remaining at the end of the respective fiscal
years must not be committed for expenditure after June 30 of the respective
fiscal years and reverts to the state general fund as soon as all payments of
money committed have been made.

Sec. 32. 1. This
section and section 31 of this act become effective on July 1, 1997.

2. Sections 1 to 15, inclusive, 17 to 27,
inclusive, and 29 of this act become effective on October 1, 1997.

3. Section 30 of this act becomes
effective at 12:01 a.m. on October 1, 1997.

AN ACT relating to domestic violence;
creating the repository for information concerning orders for protection
against domestic violence within the central repository for Nevada records of
criminal history; requiring certain persons to transmit certain information
regarding orders for protection against domestic violence to the central
repository for Nevada records of criminal history; authorizing a justice of the
peace and a municipal court judge to suspend the sentence of a person convicted
of a misdemeanor that constitutes domestic violence for not more than 3 years
under certain circumstances; making various changes concerning the penalties
imposed for committing a battery that constitutes domestic violence; requiring
a court to register certain orders for protection against domestic violence
issued by a court located outside this state; creating the office of ombudsman
for victims of domestic violence; creating an account for programs related to
domestic violence; requiring the appointment of a committee on domestic
violence; providing a penalty; and providing other matters properly relating
thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The legislature
hereby finds and declares that:

1. There is a critical public need to
ensure the effective prosecution of persons who commit acts of domestic
violence in this state.

2. The laws of this state require
amendment to improve the prosecution of crimes involving domestic violence.

3. The high recidivism rate for the
crimes of battery, sexual assault and stalking when committed against the
spouse, child or relative of the offender or other person
who the offender is or was dating indicates that alternative sentencing
procedures for such crimes are necessary.

or other person who the offender is or was dating indicates
that alternative sentencing procedures for such crimes are necessary.

4. Mandatory training of judges in this
state regarding the societal aspects of the crimes related to domestic violence
is desirable and warrants an amendment to the supreme court rules requiring
that such training be provided to each judge within 6 months after the judge
takes office and annually at the meeting of the Nevada Judges Association. The
office of the attorney general should provide the training. Any cost associated
with the training should be allocated from the operating budget of the office of
the attorney general.

Sec. 2. NRS 171.1225 is
hereby amended to read as follows:

171.12251. When
investigating an act of domestic violence, a peace officer shall:

(a) Make a good faith effort to explain the
provisions of NRS 171.137 pertaining to domestic violence and advise victims of
all reasonable means to prevent further abuse, including advising each person
of the availability of a shelter or other services in the community.

(b) Provide a person suspected of being the
victim of an act of domestic violence with a written copy of the following
statements:

(1) My name is officer
......................... (naming the investigating officer). Nevada law
requires me to inform you of the following information.

(2) If I have probable cause to believe
that a battery has been committed against you ,[or] your minor childor the minor child of the person believed to have committed
the battery in the last 24 hours by your spouse, your former spouse, [a]any
other person to whom you are related by blood [,]or marriage, a person with whom you are or
were actually residing , a person with whom you have had
or are having a dating relationship or a person with whom you have a
child in common, I am required, unless mitigating circumstances exist, to
arrest the person suspected of committing the act.

(3) If I am unable to arrest the person
suspected of committing the battery, you have the right to request that the
prosecutor file a criminal complaint against the person. I can provide you with
information on this procedure. If convicted, the person who committed the
battery may be placed on probation, ordered to see a counselor, put in jail or
fined.

(4) The law provides that you may seek a
court order for the protection of you or your minor children against further
threats or acts of domestic violence. You do not need to hire a lawyer to
obtain such an order for protection.

(5) An order for protection may require
the person who committed or threatened the act of domestic violence against you
to:

(6) A court may make future orders for
protection which award you custody of your children and require the person who
committed or threatened the act of domestic violence against you to pay:

(I) The rent or mortgage due on the
place in which you live;

(II) The amount of money necessary
for the support of your children; and

(III) Part or all of the costs
incurred by you in obtaining the order for protection.

(7) To get an order for protection, go to
room number ....... (state the room number of the office at the court) at the
court, which is located at ......................... (state the address of the
court). Ask the clerk of the court to provide you with the forms for an order
of protection.

(8) If the person who committed or
threatened the act of domestic violence against you violates the terms of an
order for protection, he may be arrested.

(9) You may obtain emergency assistance
or shelter by contacting your local program against domestic violence at
......................... (state name, address and telephone number of local
program) or you may call, without charge to you, the statewide program against
domestic violence at ........................ (state toll-free telephone number
of statewide program).

2. As used in this section, act of
domestic violence means any of the following acts committed by a person
against [another]his spouse, former spouse, any other person to whom he
is related by blood or marriage, a person with
whom he is or was actually residing [or], a person with whom he has had or is having a
dating relationship, a person with whom he has a child in common, [or upon his]the minor child of any of those
persons or [a]his minor child :[of that person:]

(a) A battery.

(b) An assault.

(c) Compelling the other by force or threat of
force to perform an act from which he has the right to refrain or to refrain
from an act which he has the right to perform.

(d) A sexual assault.

(e) A knowing, purposeful or reckless course of
conduct intended to harass the other. Such conduct may include, but is not
limited to:

(1) Stalking.

(2) Arson.

(3) Trespassing.

(4) Larceny.

(5) Destruction of private property.

(6) Carrying a concealed weapon without a
permit.

(f) False imprisonment.

(g) Unlawful entry of the others residence, or
forcible entry against the others will if there is a reasonably foreseeable
risk of harm to the other from the entry.

3. The failure of a peace officer to
carry out the requirements set forth in subsection 1 is not a defense in a
criminal prosecution for the commission of an act of domestic violence, nor may
such an omission be considered as negligence or as
causation in any civil action against the peace officer or his employer.

negligence or as causation in any civil action against the
peace officer or his employer.

4. As used in this
section, dating relationship means frequent, intimate associations primarily
characterized by the expectation of affectional or sexual involvement. The term
does not include a casual relationship or an ordinary association between persons
in a business or social context.

Sec. 3. NRS 171.137 is
hereby amended to read as follows:

171.1371. Except as
otherwise provided in subsection 2, whether or not a warrant has been issued, a
peace officer shall, unless mitigating circumstances exist, arrest a person
when he has probable cause to believe that the person to be arrested has,
within the preceding 24 hours, committed a battery upon his spouse, former
spouse, [a]any other person to whom he is related by blood [,]or
marriage, a person with whom he is or was actually residing [or], a
person with whom he has had or is having a dating relationship,a person with whom he has a child in common, [his]the
minor child of any of those persons or [a]his
minor child .[of
that person.]

2. If the peace officer has probable
cause to believe that a battery described in subsection 1 was a mutual battery,
he shall attempt to determine which person was the primary physical aggressor.
If the peace officer determines that one of the persons who
allegedly [committing]committed a battery was the primary physical aggressor
involved in the incident, the peace officer is not required to arrest any other
person believed to have committed a battery during the incident. In determining
whether a person is a primary physical aggressor for the purposes of this
subsection, the peace officer shall consider:

(a) Prior domestic violence involving either
person;

(b) The relative severity of the injuries
inflicted upon the persons involved;

(c) The potential for future injury;

(d) Whether one of the alleged batteries was
committed in self-defense; and

(e) Any other factor [which
helps]that may help the
peace officer decide which person [is]was the primary physical aggressor.

3. A peace officer shall not base his
decision regarding whether to arrest a person
pursuant to this section on his perception of the willingness of a victim or a
witness to the incident to testify or otherwise participate in related judicial
proceedings.

4. When a peace officer investigates such
a battery, whether or not an arrest is made, he shall prepare and submit a
written report of the alleged battery to his supervisor or other person
designated by his employer to receive reports regarding similar allegations. He
shall include in his report, if applicable:

(a) His reasons for determining that one of the
persons involved in a mutual battery was the primary physical aggressor; and

(b) Any mitigating circumstances which prevented
him from making an arrest pursuant to subsection 1,

and forward a copy of the report to the [department of motor vehicles and public safety.]central repository for Nevada records of criminal
history.

5. The [department]central repository shall compile statistics from these
reports and make the statistics available as a public record detailing the
number of investigations and arrests made pursuant to this section and the
nature of any mitigating circumstances which prevented an arrest.

6. As used in this
section, dating relationship means frequent, intimate associations primarily
characterized by the expectation of affectional or sexual involvement. The term
does not include a casual relationship or an ordinary association between
persons in a business or social context.

Sec. 4. NRS 179.245 is
hereby amended to read as follows:

179.245 1. Except as [other times and procedures are]otherwise provided in NRS 453.3365, a person who has
been convicted of:

(a) Any felony may, after 15 years from the date
of his conviction or, if he is imprisoned, from the date of his release from
actual custody;

(b) Any gross misdemeanor may, after 10 years
from the date of his conviction or release from custody;

(c) A violation of NRS 484.379 other than a
felony , or a battery which constitutes domestic
violence pursuant to NRS 33.018 other than a felony may, after 7 years
from the date of his conviction or release from custody; or

(d) Any other misdemeanor may, after 5 years
from the date of his conviction or release from custody,

petition the court in which the conviction was obtained for
the sealing of all records relating to the conviction. The petition must be
accompanied by a current, certified record of the petitioners criminal history
received from the central repository for Nevada records of criminal history.

2. The court shall notify the district
attorney of the county in which the conviction was obtained, and the district
attorney and any person having relevant evidence may testify and present
evidence at the hearing on the petition.

3. If after the hearing the court finds
that, in the period prescribed in subsection 1, the petitioner has not been
arrested, except for minor moving or standing traffic violations, the court may
order sealed all records of the conviction which are in the custody of the
court, of another court in the State of Nevada or of a public or private
agency, company or official in the State of Nevada, and may also order all such
criminal identification records of the petitioner returned to the file of the
court where the proceeding was commenced from, but not limited to, the Federal
Bureau of Investigation, the California identification and investigation
bureau, sheriffs offices and all other law enforcement agencies reasonably
known by either the petitioner or the court to have possession of such records.

Sec. 4.5. Chapter 179A of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The repository
for information concerning orders for protection against domestic violence is
hereby created within the central repository.

2. Except as
otherwise provided in subsection 4, the repository for information concerning
orders for protection against domestic violence must contain a complete and
systematic record of all temporary and extended orders for protection against
domestic violence issued or registered in the State
of Nevada, in accordance with regulations adopted by the director of the
department, including, without limitation, any information received pursuant to
section 10 of this act.

State of Nevada, in accordance with
regulations adopted by the director of the department, including, without
limitation, any information received pursuant to section 10 of this act.
Information received by the central repository pursuant to section 10 of this
act must be entered in the repository for information concerning orders for
protection against domestic violence not later than 8 hours after it is received
by the central repository.

3. The information
in the repository for information concerning orders for protection against
domestic violence must be accessible by computer at all times to each agency of
criminal justice.

4. The repository
for information concerning orders for protection against domestic violence must
not contain any information concerning an event that occurred before October 1,
1998.

Sec. 5. NRS 3.223 is hereby
amended to read as follows:

3.223 1. Except if the child
involved is subject to the jurisdiction of an Indian tribe pursuant to the
Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.), in each judicial
district in which it is established, the family court has original, exclusive
jurisdiction in any proceeding:

(b) Brought pursuant to chapter 31A of NRS,
except to the extent that NRS 31A.010 authorizes the use of any other judicial
or administrative procedure to facilitate the collection of an obligation for
support.

(c) Brought pursuant to NRS 442.255 and 442.2555
to request the court to issue an order authorizing an abortion.

(d) For judicial approval of the marriage of a
minor.

(e) Otherwise within the jurisdiction of the
juvenile court.

(f) To establish the date of birth, place of
birth or parentage of a minor.

(g) To change the name of a minor.

(h) For a judicial declaration of the sanity of
a minor.

(i) To approve the withholding or withdrawal of
life-sustaining procedures from a person as authorized by law.

(j) Brought pursuant to NRS 433A.200 to
433A.330, inclusive, for an involuntary court-ordered admission to a mental
health facility.

2. The family court, where established,
and the justices court have concurrent jurisdiction over actions for the
issuance of a temporary or extended order for protection against domestic
violence.

3. The family
court, where established, and the district court, have concurrent jurisdiction
over any action for damages brought pursuant to section 16 of this act by a
person who suffered injury as the proximate result of an act that constitutes
domestic violence.

Sec. 6. NRS 4.373 is hereby
amended to read as follows:

4.373 1. Except as otherwise
provided in subsection 2, by specific statute or
unless the suspension of a sentence is expressly forbidden, a justice of the
peace may suspend, for not more than 1 year, the sentence of a person convicted
of a misdemeanor. The justice of the peace may order, as a condition of
suspension, that the offender:

(a) Make restitution to the owner of any
property that is lost, damaged or destroyed as a result of the commission of
the offense;

(b) Engage in a program of work for the benefit
of the community, for not more than 200 hours;

(c) Actively participate in a program of
professional counseling at the expense of the offender;

(d) Abstain from the use of alcohol and controlled
substances;

(e) Refrain from engaging in any criminal
activity; and

(f) Engage or refrain from engaging in any other
conduct deemed appropriate by the justice of the peace.

2. If a person is
convicted of a misdemeanor that constitutes domestic violence pursuant to NRS
33.018, the justice of the peace may, after the person has served any mandatory
minimum period of confinement, suspend the remainder of the sentence of the
person for not more than 3 years upon the condition that the person actively participate
in:

(a) A program of
treatment for the abuse of alcohol or drugs which is certified by the bureau of
alcohol and drug abuse of the rehabilitation division of the department of
employment, training and rehabilitation;

(b) A program for the
treatment of persons who commit domestic violence that has been certified
pursuant to section 30 of this act; or

(c) Both programs set
forth in paragraphs (a) and (b),

and that he comply with any other
condition of suspension ordered by the justice of the peace.

3. The
justice of the peace may order reports [, from
such persons and]from a person
whose sentence is suspended at such times as he deems appropriate [,] concerning the offenders compliance
with the conditions of suspension. If the offender complies with the conditions
of suspension to the satisfaction of the justice of the peace, the sentence may
be reduced to not less than the minimum period of confinement established for
the offense.

Sec. 7. NRS 4.3762 is hereby
amended to read as follows:

4.3762 1. [In]Except as
otherwise provided in subsection 5, in lieu of imposing any punishment
other than a minimum sentence mandated by statute, a justice of the peace may
sentence a person convicted of a misdemeanor to a term of residential
confinement. In making this determination, the justice of the peace shall
consider the criminal record of the defendant and the seriousness of the crime
committed.

2. In sentencing a convicted person to a
term of residential confinement, the justice of the peace shall:

(a) Require the defendant to be confined to his
residence during the time he is away from his employment, public service or
other activity authorized by the justice of the peace; and

(b) Require intensive supervision of the
convicted person, including , without limitation,
electronic surveillance and unannounced visits to his residence or other
locations where he is expected to be to determine whether he is complying with
the terms of his sentence.

3. An electronic device approved by the
division of parole and probation of the department of motor vehicles and public
safety may be used to supervise a convicted person sentenced to a term of
residential confinement. The device must be minimally intrusive and limited in
capability to recording or transmitting information concerning the [persons] presence
of the person at his residence, including, but not limited to, the transmission
of still visual images which do not concern the [persons] activities of the
person while inside his residence.

presence of the person at his
residence, including, but not limited to, the transmission of still visual
images which do not concern the [persons]
activities of the person while inside his
residence. A device which is capable of recording or transmitting:

(a) Oral or wire communications or any auditory
sound; or

(b) Information concerning the [persons] activities of the person while inside his residence,

must not be used.

4. A term of residential confinement,
together with the term of any minimum sentence mandated by statute, may not
exceed the maximum sentence which otherwise could have been imposed for the
offense.

5. The justice of
the peace shall not sentence a person convicted of committing a battery which
constitutes domestic violence pursuant to NRS 33.018 to a term of residential
confinement in lieu of imprisonment unless the justice of the peace makes a
finding that the person is not likely to pose a threat to the victim of the
battery.

Sec. 8. NRS 5.055 is hereby
amended to read as follows:

5.055 1. Except as otherwise
provided in subsection 2, by specific statute or
unless the suspension of a sentence is expressly forbidden, a municipal judge
may suspend, for not more than 1 year, the sentence of a person convicted of a
misdemeanor. The municipal judge may order, as a condition of suspension, that
the offender:

(a) Make restitution to the owner of any
property that is lost, damaged or destroyed as a result of the commission of
the offense;

(b) Engage in a program of work for the benefit
of the community, for not more than 200 hours;

(c) Actively participate in a program of
professional counseling at the expense of the offender;

(d) Abstain from the use of alcohol and
controlled substances;

(e) Refrain from engaging in any criminal
activity; and

(f) Engage or refrain from engaging in any other
conduct deemed appropriate by the municipal judge.

2. If a person is
convicted of a misdemeanor that constitutes domestic violence pursuant to NRS
33.018, the municipal judge may, after the person has served any mandatory
minimum period of confinement, suspend the remainder of the sentence of the
person for not more than 3 years upon the condition that the person actively
participate in:

(a) A program of
treatment for the abuse of alcohol or drugs which is certified by the bureau of
alcohol and drug abuse of the rehabilitation division of the department of
employment, training and rehabilitation;

(b) A program for the
treatment of persons who commit domestic violence that has been certified
pursuant to section 30 of this act; or

(c) Both programs set
forth in paragraphs (a) and (b),

and that he comply with any other
condition of suspension ordered by the municipal judge.

3. The
municipal judge may order reports [, from such
persons and]from a person whose
sentence is suspended at such times as he deems appropriate [,] concerning the offenders compliance
with the conditions of suspension. If the offender complies with the conditions
of suspension to the satisfaction of the municipal judge,
the sentence may be reduced to not less than the minimum period of confinement
established for the offense.

the satisfaction of the municipal judge, the sentence may be
reduced to not less than the minimum period of confinement established for the
offense.

Sec. 9. NRS 5.076 is hereby
amended to read as follows:

5.076 1. [In]Except
as otherwise provided in subsection 5, in lieu of imposing any
punishment other than a minimum sentence mandated by statute, a municipal judge
may sentence a person convicted of a misdemeanor to a term of residential
confinement. In making this determination, the municipal judge shall consider
the criminal record of the defendant and the seriousness of the crime committed.

2. In sentencing a convicted person to a
term of residential confinement, the municipal judge shall:

(a) Require the defendant to be confined to his
residence during the time he is away from his employment, public service or
other activity authorized by the municipal judge; and

(b) Require intensive supervision of the
convicted person, including , without limitation,
electronic surveillance and unannounced visits to his residence or other
locations where he is expected to be in order to determine whether he is
complying with the terms of his sentence.

3. An electronic device approved by the
division of parole and probation of the department of motor vehicles and public
safety may be used to supervise a convicted person sentenced to a term of
residential confinement. The device must be minimally intrusive and limited in
capability to recording or transmitting information concerning the [persons] presence of the person at his residence, including, but not
limited to, the transmission of still visual images which do not concern the [persons] activities of the person while inside his residence. A device
which is capable of recording or transmitting:

(a) Oral or wire communications or any auditory
sound; or

(b) Information concerning the [persons] activities of the person while inside his residence,

must not be used.

4. A term of residential confinement,
together with the term of any minimum sentence mandated by statute, may not
exceed the maximum sentence which otherwise could have been imposed for the
offense.

5. The municipal
judge shall not sentence a person convicted of committing a battery which
constitutes domestic violence pursuant to NRS 33.018 to a term of residential
confinement in lieu of imprisonment unless the municipal judge makes a finding
that the person is not likely to pose a threat to the victim of the battery.

Sec. 10. Chapter 33 of NRS
is hereby amended by adding thereto a new section to read as follows:

Any time that a court issues a
temporary or extended order and any time that a person serves such an order,
registers such an order or receives any information or takes any other action
pursuant to NRS 33.017 to 33.100, inclusive, he shall cause to be transmitted,
in the manner prescribed by the central repository for Nevada records of
criminal history, any information required by the central repository in a
manner which ensures that the information is received by the central repository
by the end of the next business day.

33.017 As used in NRS 33.017 to
33.100, inclusive, and section 10 of this act, unless
the context otherwise requires:

1. Extended order means an extended
order for protection against domestic violence.

2. Temporary order means a temporary
order for protection against domestic violence.

Sec. 12. NRS 33.018 is
hereby amended to read as follows:

33.0181. Domestic
violence occurs when a person commits one of the following acts against or upon [another]his spouse, former spouse, any other person
to whom he is related by blood or marriage, a person with
whom he is or was actually residing, a person with
whom he has had or is having a dating
relationship [or], a person with whom he has a child in common, [or upon his]the minor child of any of those
persons or [a]his minor child :[of that person:]

[1.](a) A battery.

[2.](b) An assault.

[3.](c) Compelling the other by force or threat of
force to perform an act from which he has the right to refrain or to refrain
from an act which he has the right to perform.

[4.](d) A sexual assault.

[5.](e) A knowing, purposeful or reckless course of conduct
intended to harass the other. Such conduct may include, but is not limited to:

[(a)](1) Stalking.

[(b)](2) Arson.

[(c)](3) Trespassing.

[(d)](4) Larceny.

[(e)](5) Destruction of private property.

[(f)](6) Carrying a concealed weapon without a permit.

[6.](f) A false imprisonment.

[7.](g) Unlawful entry of the others residence, or
forcible entry against the others will if there is a reasonably foreseeable
risk of harm to the other from the entry.

2. As used in this
section, dating relationship means frequent, intimate associations primarily
characterized by the expectation of affectional or sexual involvement. The term
does not include a casual relationship or an ordinary association between persons
in a business or social context.

Sec. 13. NRS 33.020 is
hereby amended to read as follows:

33.020 1. If it
appears to the satisfaction of the court from specific facts shown by a
verified application that an act of domestic violence has occurred or there
exists a threat of domestic violence, the court may grant a temporary or
extended order for protection against domestic violence. A temporary or
extended order for protection against domestic violence must not be granted to
the applicant or the adverse party unless he has requested the order and has
filed a verified application that an act of domestic violence has occurred or
there exists a threat of domestic violence.

2. The court may require the applicant or
the adverse party, or both, to appear before it before determining whether to
grant the temporary or extended order.

3. A temporary order may be granted with
or without notice to the adverse party. An extended order may only be granted
after notice to the adverse party and a hearing on the application.

4. The court shall rule upon an
application for a temporary order within 1 judicial day after it is filed.

5. If it appears to the satisfaction of
the court from specific facts communicated by telephone to the court by an
alleged victim that an act of domestic violence has occurred and the alleged
perpetrator of the domestic violence has been arrested and is presently in
custody pursuant to NRS 171.137, the court may grant a temporary order for
protection against domestic violence. Before approving an order under such
circumstances, the court shall confirm with the appropriate law enforcement
agency that the applicant is an alleged victim and that the alleged perpetrator
is in custody. Upon approval by the court, the signed order may be transmitted
to the facility where the alleged perpetrator is in custody by electronic or
telephonic transmission to a facsimile machine. If such an order is received by
the facility holding the alleged perpetrator while he is still in custody, the
order must be personally served by an authorized employee of the facility
before the alleged perpetrator is released. The court shall mail a copy of each
order issued pursuant to this subsection to the alleged victim named in the
order and cause the original order to be filed with the court clerk on the
first judicial day after it is issued.

6. In a county whose population is
400,000 or more, the court shall be available 24 hours a day, 7 days a week,
including nonjudicial days and holidays, to receive communications by telephone
and for the issuance of a temporary order for protection against domestic
violence pursuant to subsection 5.

7. In a county whose population is less
than 400,000, the court may be available 24 hours a day, 7 days a week,
including nonjudicial days and holidays, to receive communications by telephone
and for the issuance of a temporary order for protection against domestic
violence pursuant to subsection 5.

8. The clerk of
the court shall inform the protected party upon the successful transfer of
information concerning the registration to the central repository for Nevada
records of criminal history as required pursuant to section 10 of this act.

Sec. 14. NRS 33.070 is
hereby amended to read as follows:

33.070 1. Every temporary or
extended order must include a provision ordering any law enforcement officer [who witnesses a violation of]to arrest an adverse party if the officer has probable cause
to believe that the adverse party has violated any provision of the
order.[to
arrest the adverse party.]

2. If a law enforcement officer cannot
verify that the adverse party was served with a copy of the application and
order, he shall:

(a) Inform the adverse party of the specific
terms and conditions of the order; [and]

(b) Inform the adverse party that he now has
notice of the provisions of the order and that a violation of the order will
result in his arrest [.]; and

(c) Inform the adverse
party of the location of the court that issued the original order and the hours
during which the adverse party may obtain a copy of the order.

3. Information
concerning the terms and conditions of the order, the date
and time of the notice provided to the adverse party and
the name and identifying number of the officer who [gives]gave the notice must be provided in writing
to the applicant and noted in the records of the law enforcement agency and the
court.

Sec. 15. NRS 33.090 is
hereby amended to read as follows:

33.090 [Upon]

1. A person
may apply to a court of this state to register an order for protection against
domestic violence issued by the court of another state, territory or Indian
tribe within the United States by presenting a certified copy of the order to
the clerk of the court in a judicial district in which the person believes that
enforcement may be necessary.

2. Except as
otherwise provided in subsection 4, upon application by the protected
party [,]pursuant to subsection 1, a court of competent
jurisdiction in this state shall [accept an order
for protection against domestic violence issued by a court of another state as
evidence of the facts on which it is based and shall issue its own temporary or
extended order as those facts may warrant.] register such an order if:

(a) The court determines
that the issuing court had proper jurisdiction over the parties and the subject
matter under the laws of the state, territory or tribe; and

(b) The court determines
that the adverse party was given reasonable notice and an opportunity to be
heard before the order was issued or, in the case of an ex parte order, the
adverse party was given reasonable notice and an opportunity to be heard as
soon as possible after the order was issued.

3. An order that
is registered has the same effect and must be enforced in like manner as an
order for protection against domestic violence issued by a court of this state.

4. If the order
for protection against domestic violence issued by the court of another state,
territory or Indian tribe was a mutual order for protection against domestic
violence and:

(a) No counter or
cross-petition was filed seeking such protection order;

(b) A counter or
cross-petition was filed and the court did not make a specific finding of
domestic violence by both parties; or

(c) The person who is
applying to register the order has violated a law of the State of Nevada
relating to a different protection order issued against him,

the court may refuse to register and
enforce the order and may determine whether to issue its own temporary or
extended order.

5. A temporary or
extended order of another state, territory or Indian tribe presented pursuant
to this section which appears authentic on its face must be presumed valid.

6. A court, law
enforcement officer or any other person who enforces an order for protection
against domestic violence based upon a reasonable belief that the order is
valid is immune from civil liability for any action taken based on that belief.

7. The clerk of
the court shall maintain a record of each order registered pursuant to this
section.

8. The clerk shall
not charge a fee for an application to register or for registering an order
pursuant to this section.

9. The clerk shall
inform the protected party upon the successful transfer of information
concerning the registration to the central repository for Nevada records of
criminal history as required pursuant to section 10 of this act.

Sec. 16. Chapter 41 of NRS
is hereby amended by adding thereto a new section to read as follows:

A person who has suffered
injury as the proximate result of an act that constitutes domestic violence
pursuant to NRS 33.018 may bring an action to recover for his actual damages,
including, without limitation, damage to any real or personal property. If the
person who suffered injury prevails in such an action the court shall award him
costs and reasonable attorneys fees.

Sec. 17. NRS 41.135 is
hereby amended to read as follows:

41.135 A person who is convicted of
committing or attempting to commit [a felony or a
juvenile who is adjudicated delinquent for committing or attempting to commit
an]

may not bring an action against the victim or the [victims] estate of
the victim for injuries sustained by the offender or damage to property
of the offender that occurred [in]during the course of the [felony]crime
or delinquent act.

Sec. 18. Chapter 200 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. Unless a greater
penalty is provided pursuant to NRS 200.481, a person convicted of a battery
that constitutes domestic violence pursuant to NRS 33.018:

(a) For the first offense
within the immediately preceding 7 years, is guilty of a misdemeanor and shall
be sentenced to:

(1) Imprisonment
in the city or county jail or detention facility for not less than 2 days, but
not more than 6 months; and

(2) Perform not
less than 48 hours, but not more than 120 hours, of community service.

The person shall be further punished
by a fine of not less than $200, but not more than $1,000. A term of
imprisonment imposed pursuant to this paragraph may be served intermittently at
the discretion of the judge or justice of the peace, except that each period of
confinement must be not less than 4 consecutive hours and must occur either at
a time when the person is not required to be at his place of employment or on a
weekend.

(b) For the second
offense within the immediately preceding 7 years, is guilty of a misdemeanor
and shall be sentenced to:

(1) Imprisonment
in the city or county jail or detention facility for not less than 10 days, but
not more than 6 months; and

(2) Perform not
less than 100 hours, but not more than 200 hours, of community service.

The person shall be further punished
by a fine of not less than $500, but not more than $1,000.

(c) For the third and any
subsequent offense within the immediately preceding 7 years, is guilty of a
category C felony and shall be punished as provided in NRS 193.130.

2.In addition to any other penalty, if a person is convicted of
a battery which constitutes domestic violence pursuant to NRS 33.018, the court
shall:

(a) For the first offense
within the immediately preceding 7 years, require him to participate in weekly
counseling sessions of not less than 1 1/2 hours per week for not less than 6
months, but not more than 12 months, at his own expense, in a program for the
treatment of persons who commit domestic violence that has been certified
pursuant to section 30 of this act.

(b) For the second
offense within the immediately preceding 7 years, require him to participate in
weekly counseling sessions of not less than 1 1/2 hours per week for 12 months,
at his own expense, in a program for the treatment of persons who commit
domestic violence that has been certified pursuant to section 30 of this act.

3. In addition to
any other fine or penalty, the court shall order such a person to pay an
administrative assessment of $35. Any money so collected must be paid by the
clerk of the court to the state treasurer on or before the fifth day of each
month for the preceding month for credit to the account for programs related to
domestic violence established pursuant to section 29 of this act.

4. In addition to
any other penalty, the court may require such a person to participate, at his
own expense, in a program of treatment for the abuse of alcohol or drugs that
has been certified by the bureau of alcohol and drug abuse of the
rehabilitation division of the department of employment, training and
rehabilitation.

5. If a person is
charged with committing a battery which constitutes domestic violence pursuant
to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in
exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a
lesser charge or for any other reason unless he knows, or it is obvious, that
the charge is not supported by probable cause or cannot be proved at the time
of trial. A court shall not grant probation to and except as otherwise provided
in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a
person.

6. For the
purposes of this section:

(a) Battery has the
meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481; and

(b) Offense includes a
battery which constitutes domestic violence pursuant to NRS 33.018 or a
violation of the law of any other jurisdiction that prohibits the same or
similar conduct.

(a) Battery means any willful and unlawful use
of force or violence upon the person of another.

(b) Child means a person less than 18 years of
age.

(c) Officer means:

(1) A person who possesses some or all of
the powers of a peace officer;

(2) A person employed in a full-time
salaried occupation of fire fighting for the benefit or safety of the public;

(3) A member of a volunteer fire
department;

(4) A jailer, guard, matron or other
correctional officer of a city or county jail or detention facility; or

(5) A justice of the supreme court,
district judge, justice of the peace, municipal judge, magistrate, court
commissioner, master or referee, including, without limitation, a person acting
pro tempore in a capacity listed in this subparagraph.

(d) School employee means a licensed or
unlicensed person employed by a board of trustees of a school district pursuant
to NRS 391.100.

(e) Transit operator means a person who
operates a bus or other vehicle as part of a public mass transportation system.

2. [A]Except as otherwise provided in section 18 of this act,
a person convicted of a battery, other thana battery committed
by an adult upon a child which constitutes child abuse, shall be punished:

(a) If the battery is not committed with a
deadly weapon, and no substantial bodily harm to the victim results, except
under circumstances where a greater penalty is provided in paragraph (d) or in
NRS 197.090, for a misdemeanor. [If the battery
is committed upon his spouse, former spouse, a person to whom he is related by
blood, a person with whom he is or was actually residing, with whom he had or
is having a dating relationship or with whom he has a child in common, his
minor child or a minor child of that person, the court, as a part of the
sentence imposed, may require the person to participate in and complete a
program of counseling to prevent abuse of his family.]

(b) If the battery is not committed with a
deadly weapon, and substantial bodily harm to the victim results, for a
category C felony as provided in NRS 193.130.

(c) If the battery is committed upon an officer,
school employee or transit operator and:

(1) The officer, school employee or
transit operator was performing his duty;

(2) The officer, school employee or
transit operator suffers substantial bodily harm; and

(3) The person charged knew or should
have known that the victim was an officer, school employee or transit operator,

for a category B felony by imprisonment in the state prison
for a minimum term of not less than 2 years and a maximum term of not more than
10 years, or by a fine of not more than $10,000, or by both fine and
imprisonment.

(d) If the battery is committed upon an officer,
school employee or transit operator who is performing his duty and the person
charged knew or should have known that the victim was an officer, school
employee or transit operator, for a gross misdemeanor, except under
circumstances where a greater penalty is provided in this section.

(e) If the battery is committed with the use of
a deadly weapon, and:

(1) No substantial bodily harm to the
victim results,for a category B felony by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 10 years,and may be further
punished by a fine of not more than $10,000.

(2) Substantial bodily harm to the victim
results, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than 15
years, and may be further punished by a fine of not more than $10,000.

(f) If the battery is committed by a prisoner
who is in lawful custody or confinement, without the use of a deadly weapon,
whether or not substantial bodily harm results, for a category B felony by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 6 years.

(g) If the battery is committed by a prisoner
who is in lawful custody or confinement with the use of a deadly weapon, and:

(1) No substantial bodily harm to the
victimresults, for a category B felony by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 10 years.

(2) Substantial bodily harm to the victim
results, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than 15
years.

Sec. 20. NRS 209.429 is
hereby amended to read as follows:

209.4291. [The]Except
as otherwise provided in subsection 6, the director shall assign an
offender to the custody of the division of parole and probation of the
department of motor vehicles and public safety to serve a term of residential
confinement, pursuant to NRS 213.380, for not longer than the remainder of the
maximum term of his sentence if:

(a) The offender has:

(1) Established a position of employment
in the community;

(2) Enrolled in a program for education
or rehabilitation; or

(3) Demonstrated an ability to pay for
all or part of the costs of his confinement and to meet any existing obligation
for restitution to any victim of his crime;

(b) The offender has successfully completed the
initial period of treatment required under the program of treatment established
pursuant to NRS 209.425; and

(c) The director believes that the offender will
be able to:

(1) Comply with the terms and conditions
required under residential confinement; and

(2) Complete successfully the remainder
of the program of treatment while under residential confinement.

If an offender assigned to the program of treatment pursuant
to NRS 209.427, completes the initial phase of the program and thereafter
refuses to enter the remainder of the program of
treatment pursuant to this section, the offender forfeits all or part of the
credits earned by him to reduce his sentence pursuant to this chapter before
this refusal, as determined by the director.

enter the remainder of the program of treatment pursuant to
this section, the offender forfeits all or part of the credits earned by him to
reduce his sentence pursuant to this chapter before this refusal, as determined
by the director. The director may provide for a forfeiture of credits pursuant
to this paragraph only after proof of the offense and notice to the offender, and
may restore credits forfeited for such reasons as he considers proper. The
decision of the director regarding such a forfeiture is final.

2. Before a person may be assigned to
serve a term of residential confinement pursuant to this section, he must
submit to the division of parole and probation a
signed document stating that:

(a) He will comply with the terms or conditions
of his residential confinement; and

(b) If he fails to comply with the terms or
conditions of his residential confinement and is taken into custody outside of
this state, he waives all his rights relating to extradition proceedings.

3. If an offender assigned to the custody
of the division of parole and probation pursuant to this section escapes or
violates any of the terms or conditions of his residential confinement:

(a) The division of parole and probation may,
pursuant to the procedure set forth in NRS 213.410, return the offender to the
custody of the department of prisons.

(b) The offender forfeits all or part of the
credits earned by him to reduce his sentence pursuant to this chapter before
the escape or violation, as determined by the director. The director may
provide for a forfeiture of credits pursuant to this paragraph only after proof
of the offense and notice to the offender, and may restore credits forfeited
for such reasons as he considers proper. The decision of the director regarding
forfeiture of credits is final.

4. The assignment of an offender to the
custody of the division of parole and probation pursuant to this section shall
be deemed:

(a) A continuation of his imprisonment and not a
release on parole; and

(b) For the purposes of NRS 209.341, an
assignment to a facility of the department of prisons,

except that the offender is not entitled to obtain any
benefits or to participate in any programs provided to offenders in the custody
of the department of prisons.

5. A person does not have a right to be
assigned to the custody of the division of parole and probation pursuant to
this section, or to remain in that custody after such an assignment, and it is
not intended that the provisions of this section or of NRS 213.371 to 213.410,
inclusive, create any right or interest in liberty or property or establish a
basis for any cause of action against the state, its political subdivisions,
agencies, boards, commissions, departments, officers or employees.

6. The director
shall not assign an offender who is serving a sentence for committing a battery
which constitutes domestic violence pursuant to NRS 33.018 to the custody of
the division of parole and probation to serve a term of residential confinement
unless the director makes a finding that the offender is not likely to pose a
threat to the victim of the battery.

209.5011. The
director may grant temporary furloughs consistent with classification
evaluations and requirements:

(a) To permit offenders to:

(1) Be interviewed by prospective
employers;

(2) Respond to family emergencies; or

(3) Participate in other approved
activities.

(b) For such other purposes as may be deemed
appropriate by the director with the approval of the board.

2. Furloughs:

(a) Are limited to the confines of the state.

(b) [Shall]Must not be granted to offenders:

(1) Sentenced to life imprisonment
without the possibility of parole.

(2) Imprisoned for violations of chapter
201 of NRS who have not been certified by the designated board as eligible for
parole.

(c) Must not be granted
to an offender who is imprisoned for committing a battery which constitutes
domestic violence pursuant to NRS 33.018, unless the director makes a finding
that the offender is not likely to pose a threat to the victim of the battery.

3. The director shall notify appropriate
law enforcement authorities in the affected county or city to anticipate the
arrival of the offender within their jurisdiction and inform them of the date
and time of the offenders arrival, the reason the furlough was granted, the
time when the furlough expires and any other pertinent information which the
director deems appropriate.

4. The director with the approval of the
board shall adopt regulations for administering the provisions of this section
and governing the conduct of offenders granted a furlough.

Sec. 22. NRS 213.15193 is
hereby amended to read as follows:

213.151931. [The]Except
as otherwise provided in subsection 6, the chief may order the
residential confinement of a parolee if he believes that the parolee does not
pose a danger to the community and will appear at a scheduled inquiry or
hearing.

2. In ordering the residential
confinement of a parolee, the chief shall:

(a) Require the parolee to be confined to his
residence during the time he is away from his employment, public service or
other activity authorized by the division; and

(b) Require intensive supervision of the
parolee, including, without limitation, unannounced visits to his residence or
other locations where he is expected to be to determine whether he is complying
with the terms of his confinement.

3. An electronic device approved by the
division may be used to supervise a parolee who is ordered to be placed in
residential confinement. The device must be minimally intrusive and limited in
capability to recording or transmitting information concerning the [parolees] presence of the parolee at his residence, including, without
limitation, the transmission of still visual images which do not concern the [parolees]activities of the parolee while inside his residence. A device
which is capable of recording or transmitting:

(b) Information concerning the [parolees] activities of the parolee while inside his residence,

must not be used.

4. The chief shall not order a parolee to
be placed in residential confinement unless the parolee agrees to the order.

5. Any residential confinement must not
extend beyond the unexpired maximum term of the [parolees]
original sentence [.]of the parolee.

6. The chief shall
not order a parolee who is serving a sentence for committing a battery which
constitutes domestic violence pursuant to NRS 33.018 to be placed in
residential confinement unless the chief makes a finding that the parolee is
not likely to pose a threat to the victim of the battery.

Sec. 23. NRS 213.152 is
hereby amended to read as follows:

213.1521. [If]Except
as otherwise provided in subsection 6, if a parolee violates a condition
of his parole, the board may order him to a term of residential confinement in
lieu of suspending his parole and returning him to confinement. In making this
determination, the board shall consider the criminal record of the parolee and
the seriousness of the crime committed.

2. In ordering the parolee to a term of
residential confinement, the board shall:

(a) Require the parolee to be confined to his
residence during the time he is away from his employment, public service or
other activity authorized by the division; and

(b) Require intensive supervision of the
parolee, including, without limitation, unannounced visits to his residence or
other locations where he is expected to be in order to determine whether he is
complying with the terms of his confinement.

3. An electronic device approved by the
division may be used to supervise a parolee ordered to a term of residential
confinement. The device must be minimally intrusive and limited in capability
to recording or transmitting information concerning the [parolees]
presence of the parolee at his residence,
including, but not limited to, the transmission of still visual images which do
not concern the [persons]
activities of the person while inside his
residence. A device which is capable of recording or transmitting:

(a) Oral or wire communications or any auditory
sound; or

(b) Information concerning the [parolees] activities of the parolee while inside his residence,

must not be used.

4. The board shall not order a parolee to
a term of residential confinement unless he agrees to the order.

5. A term of residential confinement may
not be longer than the unexpired maximum term of the [parolees]
original sentence [.]of the parolee.

6. The board shall
not order a parolee who is serving a sentence for committing a battery which
constitutes domestic violence pursuant to NRS 33.018 to a term of residential
confinement unless the board makes a finding that the parolee is not likely to
pose a threat to the victim of the battery.

217.400 As used in NRS 217.400 to
217.460, inclusive, and sections 2 to 6, inclusive, of [this
act,]Senate Bill No. 155 of this session,
unless the context otherwise requires:

1. Dating relationship
means frequent, intimate associations primarily characterized by the
expectation of affectional or sexual involvement. The term does not include a
casual relationship or an ordinary association between persons in a business or
social context.

2. Division
means the division of child and family services of the department of human
resources.

[2.]3. Domestic violence means:

(a) The attempt to cause or the causing of
bodily injury to a family or household member or the placing of the member in
fear of imminent physical harm by threat of force.

(b) Any of the following acts committed by a
person against a family or household member, a person with whom he had or is
having a dating relationship or with whom he has a child in common, or upon his
minor child or a minor child of that person:

(1) A battery.

(2) An assault.

(3) Compelling the other by force or
threat of force to perform an act from which he has the right to refrain or to
refrain from an act which he has the right to perform.

(4) A sexual assault.

(5) A knowing, purposeful or reckless
course of conduct intended to harass the other. Such conduct may include, but
is not limited to:

(I) Stalking.

(II) Arson.

(III) Trespassing.

(IV) Larceny.

(V) Destruction of private
property.

(VI) Carrying a concealed weapon
without a permit.

(6) False imprisonment.

(7) Unlawful entry of the others
residence, or forcible entry against the others will if there is a reasonably
foreseeable risk of harm to the other from the entry.

[3.]4. Family or household member means a
spouse, a former spouse, a parent or other adult person who is related by blood
or marriage or is or was actually residing with the person committing the act
of domestic violence.

[4.]5. Participant means an adult, child or
incompetent person for whom a fictitious address has been issued pursuant to
sections 2 to 6, inclusive, of this act.

[5.]6. Victim of domestic violence includes
the dependent children of the victim.

Sec. 25. Chapter 228 of NRS
is hereby amended by adding thereto the provisions set forth as sections 26 to
30, inclusive, of this act.

Sec. 26. As used in sections 26 to 30, inclusive, of this act,
domestic violence has the meaning ascribed to it in NRS 33.018.

Sec. 27. 1. The office of ombudsman for victims of
domestic violence is hereby created within the office of the attorney general.

2. The attorney
general shall appoint a person to serve in the position of ombudsman for a term
of 4 years. The person so appointed:

(a) Must be knowledgeable
about the legal and societal aspects of domestic violence;

(b) Is in the
unclassified service of the state; and

(c) Is not required to be
an attorney.

3. The attorney
general may remove the ombudsman from office for inefficiency, neglect of duty
or malfeasance in office.

Sec. 28. 1. The ombudsman for victims of domestic violence
shall:

(a) Prepare quarterly
reports relating to victims of domestic violence from information collected
from the central repository for Nevada records of criminal history, if any such
information is available.

(b) Provide necessary
assistance to victims of domestic violence.

(c) Provide education to
the public concerning domestic violence, including, without limitation, the
prevention of domestic violence, available assistance to victims of domestic
violence and available treatment for persons who commit domestic violence.

(d) Perform such other
tasks as are necessary to carry out his duties and the functions of his office.

2. Except as
otherwise provided in this subsection, information collected pursuant to
paragraph (a) of subsection 1 is confidential and must not be disclosed to any
person under any circumstances, including, without limitation, pursuant to a
subpoena, search warrant or discovery proceeding. Such information may be used
for statistical purposes if the identity of the person is not discernible from
the information disclosed.

3. Any grant
received by the office of the attorney general for assistance to victims of
domestic violence may be used to compensate the ombudsman for victims of
domestic violence.

Sec. 29. 1. The account for programs related to domestic
violence is hereby created in the state general fund. Any administrative
assessment imposed and collected pursuant to section 18 of this act must be
deposited with the state treasurer for credit to the account.

2. The ombudsman
for victims of domestic violence:

(a) Shall administer the
account for programs related to domestic violence; and

(b) May expend money in
the account only to pay for expenses related to:

(1) The committee
on domestic violence created pursuant to section 30 of this act;

(2) Training law
enforcement officers, attorneys and members of the judicial system about
domestic violence;

(3) Assisting
victims of domestic violence and educating the public concerning domestic
violence; and

(4) Carrying out
his duties and the functions of his office.

3. All claims
against the account for programs related to domestic violence must be paid as
other claims against the state are paid.

(b) One staff member of a
program for the treatment of persons who commit domestic violence;

(c) One representative
from an office of the district attorney with experience in prosecuting criminal
offenses;

(d) One representative
from an office of the city attorney with experience in prosecuting criminal
offenses;

(e) One law enforcement
officer;

(f) One provider of
mental health care;

(g) Two victims of
domestic violence; and

(h) One person who:

(1) Has
successfully completed a program for the treatment of persons who commit
domestic violence;

(2) Has not
committed a violent act following such treatment; and

(3) Has
demonstrated leadership by assisting persons who commit domestic violence or
victims of domestic violence.

At least two members of the committee
must be residents of a county whose population is less than 100,000.

2. The committee
shall:

(a) Adopt regulations for
the evaluation, certification and monitoring of programs for the treatment of
persons who commit domestic violence;

(b) Review, monitor and
certify programs for the treatment of persons who commit domestic violence;

(c) Review and evaluate
existing programs provided to peace officers for training related to domestic
violence and make recommendations to the peace officers standards and training
committee regarding such training;

(d) To the extent that
money is available, arrange for the provision of legal services, including,
without limitation, assisting a person in an action for divorce; and

(e) Submit on or before
March 1 of each odd-numbered year a report to the director of the legislative
counsel bureau for distribution to the regular session of the legislature. The
report must include, without limitation, a summary of the work of the committee
and recommendations for any necessary legislation concerning domestic violence.

3. The committee
shall, at its first meeting and annually thereafter, elect a chairman from
among its members.

4. The committee
shall meet regularly at least semiannually and may meet at other times upon the
call of the chairman. Any five members of the committee constitute a quorum for
the purpose of voting. A majority vote of the quorum is required to take action
with respect to any matter.

5. The attorney
general shall provide the committee with such staff as is necessary to carry
out the duties of the committee.

6. While engaged
in the business of the committee, each member and employee of the committee is
entitled to receive the per diem allowance and travel expenses provided for
state officers and employees generally.

Sec. 31. 1. The
committee on domestic violence appointed pursuant to section 30 of this act
shall begin distributing applications for the certification of programs for the
treatment of persons who commit domestic violence to
courts and facilities that provide treatment for persons who commit domestic
violence on or before August 31, 1997.

violence to courts and facilities that provide treatment for
persons who commit domestic violence on or before August 31, 1997.

2. The committee on domestic violence
appointed pursuant to section 30 of this act shall begin reviewing applications
for the certification of programs for the treatment of persons who commit domestic
violence not later than October 1, 1997.

Sec. 32. Sections 18 and 19
of this act do not apply to offenses that are committed before January 1, 1998.

Sec. 33. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

Sec. 34. 1. This
section and section 30 of this act become effective on July 1, 1997.

2. Sections 1 to 6, inclusive, 9 to 17,
inclusive, 20 to 23, inclusive, 25 to 29, inclusive, 31, 32 and 33 of this act
become effective on October 1, 1997.

3. Sections 7, 8 and 24 of this act
become effective at 12:01 a.m. on October 1, 1997.

4. Sections 18 and 19 of this act become
effective on January 1, 1998.

________

CHAPTER 477, SB 302

Senate Bill No.
302Senator Adler

CHAPTER 477

AN ACT relating to water systems;
establishing procedures for the acceptance by this state of subsidies under the
federal Safe Drinking Water Act; increasing the amount of general obligation
bonds that may be issued to provide grants to publicly owned water systems for
capital improvements; repealing the authority of the board for financing water
projects to make loans to community water systems for capital improvements;
making an appropriation; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 445A of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 to
24, inclusive, of this act.

Sec. 2. As used in sections 2 to 24, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in sections 3 to
14, inclusive, of this act, have the meanings ascribed to them in those
sections.

Sec. 3. Account for the revolving fund means the account created
pursuant to section 16 of this act to finance the construction of projects.

Sec. 4. Account for set-aside programs means the account created
pursuant to section 16 of this act to fund activities, other than projects,
authorized by the Safe Drinking Water Act pursuant to sections 19 and 20 of
this act.

2. Engineering,
architectural, legal, environmental, fiscal or economic investigations or
studies, surveys, designs, plans, working drawings, specifications or
procedures that comply with the Safe Drinking Water Act, and regulations
adopted pursuant thereto; and

3. Other necessary
actions related to a project including the erection, building, acquisition,
alteration, remodeling, improvement or extension of a project, or the
inspection or supervision of any item set forth in this section.

Sec. 8. Division means the health division of the department of
human resources.

1. Create a
revolving fund to assist public water systems to finance the costs of
facilities needed to achieve or maintain compliance with the Safe Drinking
Water Act and regulations adopted pursuant thereto and to protect public
health; and

2. Fund set-aside
programs authorized by the Safe Drinking Water Act.

Sec. 10. Project means the initial construction, or renovation,
modification or expansion, of portions of a public water system for:

3. The
supervision, monitoring, administration, management, operation or maintenance
of the water system, including acquisition of water rights,

subject to any restrictions set forth
in the Safe Drinking Water Act.

Sec. 11. Public water system means a system, regardless of ownership,
that provides the general public with piped water for human consumption, if the
system has 15 or more connections used by residents of the state throughout the
year or regularly serves 25 or more persons for 60 or more days a year. The
term includes:

1. A facility for
the collection, pumping, treatment, storage or distribution of water which is
controlled by the operator of the system and used primarily in connection with
the system; and

2. A facility for
the collection or storage before treatment of water which is not controlled by
the operator of the system but is used primarily in connection with the system.

Sec. 13. Small water system means a public water system serving less
than 10,000 persons.

Sec. 14. State securities means securities of the kinds described in
NRS 349.198 authorized to be issued in the name and on behalf of the state upon
the authorization of the administrator.

Sec. 15. The legislature finds and declares that any state securities
issued pursuant to section 24 of this act are necessary for the protection and
preservation of the property and natural resources of this state and for the
purpose of obtaining the benefits thereof, and their issuance constitutes an
exercise of the authority conferred by the second paragraph of section 3 of
article 9 of the constitution of the State of Nevada.

Sec. 16. 1. The account to finance the construction of
projects, to be known as the account for the revolving fund, is hereby created
in the state treasury.

2. The account to
fund activities, other than projects, authorized by the Safe Drinking Water
Act, to be known as the account for set-aside programs, is hereby created in
the state treasury.

3. The money in
the account for the revolving fund and the account for set-aside programs may
be used only for the purposes set forth in the Safe Drinking Water Act.

4. All claims
against the account for the revolving fund and the account for set-aside
programs must be paid as other claims against the state are paid.

5. The faith of
the state is hereby pledged that the money in the account for the revolving
fund and the account for set-aside programs will not be used for purposes other
than those authorized by the Safe Drinking Water Act.

Sec. 17. 1. The interest and income earned on money in the
account for the revolving fund and the account for set-aside programs must be
credited to the account for the revolving fund and the account for set-aside
programs, respectively.

2. All payments of
principal and interest on all loans made to a public water system and all
proceeds from the sale, refunding or prepayment of obligations of a public
water system acquired or loans made in carrying out the purposes of the account
for the revolving fund must be deposited in the state treasury for credit to
the account for the revolving fund.

3. The division
may accept gifts, appropriations from the state general fund, contributions,
grants and bequests of money from any public or private source. The money so
accepted must be deposited in the state treasury for credit to the account for
the revolving fund, or the account for set-aside programs, and can be used to
provide money from the state to match the federal grant, as required by the
Safe Drinking Water Act.

4. Amounts
deposited in the account for the revolving fund, including repayments of
principal and interest on loans, and interest and income earned on money in the
account for the revolving fund, may be used only for providing or guaranteeing
loans or as a source of reserve and security for leveraged loans, except that
repayments of interest on loans, and interest and income earned on money in the
account for the revolving fund, may be used to secure the sale of state
securities or otherwise be pledged to provide money from the state to match the
federal grant, as required by the Safe Drinking Water Act.

5. Except as
otherwise provided in subsection 6, only federal money deposited in a separate
subaccount of the account for the revolving fund, including repayments of
principal and interest on loans made solely from federal money, and interest
and income earned on federal money in the account for the revolving fund, may
be used to benefit public water systems not governmentally owned.

6. In addition to
the sources described in subsection 5, the proceeds of state securities that
are solely secured by and solely payable from one or more of the sources set forth in subsection 5 may be used to
benefit public water systems not governmentally owned.

more of the sources set forth in
subsection 5 may be used to benefit public water systems not governmentally
owned.

Sec. 18. 1. The division shall:

(a) Use the money in the
account for the revolving fund and the account for set-aside programs for the
purposes set forth in the Safe Drinking Water Act.

(b) Determine whether
public water systems which receive money or other assistance from the account
for the revolving fund or the account for set-aside programs comply with the
Safe Drinking Water Act and regulations adopted pursuant thereto.

2. The division
may:

(a) Prepare and enter
into required agreements with the Federal Government for the acceptance of
grants of money for the account for the revolving fund and the account for
set-aside programs.

(b) Bind itself to terms
of the required agreements.

(c) Accept grants made
pursuant to the Safe Drinking Water Act.

(d) Manage the account
for the revolving fund and the account for set-aside programs in accordance
with the requirements and objectives of the Safe Drinking Water Act.

(e) Provide services
relating to management and administration of the account for the revolving fund
and the account for set-aside programs, including the preparation of any
agreement, plan or report.

(f) Perform, or cause to
be performed by the Nevada Rural Water Association or other agencies or
organizations through interagency agreement, contract or memorandum of
understanding, set-aside programs pursuant to 42 U.S.C. § 300j-12 of the Safe
Drinking Water Act.

3. The division
shall not:

(a) Commit any money in
the account for the revolving fund for expenditure for the purposes set forth
in section 19 of this act; or

(b) Establish the
priorities for determining which public water systems will receive money or
other assistance from the account for the revolving fund,

without obtaining the prior approval
of the board for financing water projects.

Sec. 19. 1. Except as otherwise provided in sections 17
and 20 of this act, money in the account for the revolving fund may be used
only to:

(a) Make loans at or
below the market rate to public water systems for the construction of projects.

(b) Buy or refinance at
or below the market rate the obligations of public water systems if:

(1) The project
for which the obligations were incurred complies with the Safe Drinking Water
Act and regulations adopted pursuant thereto; and

(2) The obligations
were incurred after July 1, 1993.

(c) Guarantee or purchase
insurance for local obligations, including nongovernmental debt or municipal
debt, if the action would improve access to credit or reduce the rate of
interest applicable to the obligation.

(d) Arrange for the sale
of state securities, including state securities issued to provide money from
the state to match the federal grant, as required
by the Safe Drinking Water Act, if the net proceeds from the sale of those
state securities are deposited in the account for the revolving fund.

required by the Safe Drinking Water
Act, if the net proceeds from the sale of those state securities are deposited
in the account for the revolving fund.

2. Money in the
account for set-aside programs may be used only to fund set-aside programs
authorized by the Safe Drinking Water Act. Money in the account for set-aside
programs may be transferred to the account for the revolving fund pursuant to
the Safe Drinking Water Act.

3. A public water
system which requests a loan or other financial assistance must demonstrate
that it has:

(a) Complied with the
Safe Drinking Water Act and regulations adopted pursuant thereto; or

(b) Agreed to take
actions that are needed to ensure that it has the capability to comply with the
Safe Drinking Water Act and regulations adopted pursuant thereto.

4. Funding from
the account for the revolving fund may not be given to an existing public water
system unless it has the technical, managerial and financial capability to
ensure compliance with the Safe Drinking Water Act and regulations adopted
pursuant thereto. A new public water system, to receive such funding, must
demonstrate that it has the technical, managerial and financial capability to
ensure compliance with the Safe Drinking Water Act and regulations adopted
pursuant thereto.

Sec. 20. 1. The administrator shall not:

(a) Spend more than 4
percent of the federal grant for a set-aside program for administration
pursuant to 42 U.S.C. § 300j-12(g)(2) of the Safe Drinking Water Act;

(b) Spend more than 10
percent of the federal grant for a set-aside program for activities authorized
pursuant to 42 U.S.C. § 300j-12(g)(2) of the Safe Drinking Water Act if matched
equally by the state;

(c) Spend more than 2
percent of the federal grant for a set-aside program for technical assistance
to small water systems pursuant to 42 U.S.C. § 300j-12(g)(2) of the Safe
Drinking Water Act; or

(d) Spend more than 15
percent of the federal grant for a set-aside program for activities authorized
pursuant to 42 U.S.C. § 300j-12(k) of the Safe Drinking Water Act.

2. The
administrator may impose and collect a fee from each public water system that
receives a loan or other financial assistance from the account for the
revolving fund or the account for set-aside programs. The fee must be used to
defray the costs of administering the account for the revolving fund or the
account for set-aside programs.

3. If the
administrator imposes a fee pursuant to subsection 2, the board shall adopt
regulations establishing the amount of the fee to be collected.

Sec. 21. The administrator may employ any legal, fiscal, engineering
and other expert services necessary to carry out his duties pursuant to
sections 2 to 24, inclusive, of this act.

Sec. 22. 1. The board shall adopt such regulations as are
necessary relating to the environmental review required by the Safe Drinking
Water Act.

2. Each public
water system which receives money from the account for the revolving fund shall
prepare an environmental assessment which complies
with the regulations adopted by the board and submit it to the division for
review.

complies with the regulations adopted
by the board and submit it to the division for review.

3. The division
shall review each such assessment.

Sec. 23. The board may adopt such regulations as are necessary to carry
out the provisions of sections 2 to 24, inclusive, of this act.

Sec. 24. 1. The administrator may authorize the state
treasurer to issue, sell or deliver state securities as general obligations or
secured by pledged revenue if viable to carry out the purposes of the account
for the revolving fund, or to provide money from the state to match the federal
grant as required by the Safe Drinking Water Act.

2. If the
administrator authorizes the issuance of state securities, the state treasurer
may:

(a) Sue and be sued to
establish or enforce any right arising out of a project receiving financial
assistance or of any state securities issued pursuant to this authorization;

(b) Acquire and hold
municipal securities, and exercise all of the rights of holders of those
securities;

(c) Sell or otherwise
dispose of municipal securities and assets acquired in connection with those
securities, unless limited by any agreement which relates to the securities;

(d) Make contracts and
execute all necessary or convenient instruments;

(e) Accept grants of
money from the Federal Government, the state, any agency or political
subdivision thereof, or any other person;

(f) Adopt financial
regulations relating to projects receiving financial assistance and the
administration of those projects;

(g) Employ for himself or
for any public water system, any necessary legal, fiscal, engineering and other
expert services in connection with projects receiving financial assistance and
with the authorization, sale and issuance of state securities, and the purchase
of municipal securities or nongovernmental debt;

(h) Enter into agreements
and arrangements consistent with sections 2 to 24, inclusive, of this act
concerning the authorization, sale and issuance of state securities and the
purchase of municipal securities or nongovernmental debt;

(i) Require, as
appropriate to secure a nongovernmental debt, enhancements of credit or the
pledge of any variety of collateral or other types of security, such as
corporate or personal guarantees; and

(j) Undertake other
matters which he determines to be necessary or desirable to accomplish the
purposes of sections 2 to 24, inclusive, of this act.

3. The money in
the account for the revolving fund which is available for the payment of the
interest and installments of principal on the state securities must be pledged
as the primary source for the payment of the state securities. The full faith
and credit of the state may be pledged as additional security for the payment
of the state securities.

Sec. 25. NRS 349.986 is
hereby amended to read as follows:

349.986 The state board of finance shall
issue general obligation bonds of the State of Nevada in the face amount of not
more than [$25,000,000]$40,000,000 to support the purposes of the program. The
net proceeds from the sale of the bonds must be deposited
in the fund.

Sec. 27. The state treasurer
shall transfer any balance remaining unexpended on June 30, 1997, in the
revolving fund to finance capital improvements to community water systems to
the account for the revolving fund created pursuant to section 16 of this act.

Sec. 28. 1. There
is hereby appropriated from the state general fund to the health division of
the department of human resources the sum of $750,000 to carry out the
provisions of sections 1 to 24, inclusive, of this act.

2. Any remaining balance of the
appropriation must not be committed for expenditure after June 30, 1999, and
reverts to the state general fund as soon as all payments of money committed
have been made.

Sec. 29. This act becomes
effective upon passage and approval or on June 30, 1997, whichever occurs
earlier.

________

CHAPTER 478, AB 670

Assembly Bill No.
670Committee on Ways and Means

CHAPTER 478

AN ACT relating to projects of capital
improvement; making appropriations from the state general fund and the state
highway fund; providing for the issuance of general obligation bonds of the
state; authorizing certain expenditures by the State Public Works Board;
requiring the repayment for certain projects by certain state agencies; levying
a property tax to support the consolidated bond interest and redemption fund;
and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the State Public Works Board the
sum of $110,158,430 to support the board in carrying out the program of capital
improvements summarized in this section. This amount is allocated to projects
numbered and described in the executive budget for the fiscal years 1997-1998
and 1998-1999 or otherwise described as follows:

Description Project
No. Amount

1. Capital improvements for the
Department of Museums, Library and Arts:

Miscellaneous repairs to western regional
headquarters for Division of Forestry.............................................. 97-M12................................................................................ $137,305

Advance planning for Getchell Library
addition, human and community sciences building and medical school library, UNR.......................................................................... 97-S4G................................................................................ $480,866

Advance planning through design development
for addition to computer facility..................................................... 97-S4H................................................................................ $352,678

10. Capital improvements for the Office
of the Attorney General:

Convert restrooms to offices in Heroes
Memorial building 97-C25................................................................................ $144,294

Sec. 2. The State Public
Works Board shall obtain approval for the siting and location of project
97-C16, the southern Nevada veterans home, and the proposed new site for
project 97-S41, the southern Nevada museum, from the
Interim Finance Committee or the Legislature if in session, before expending
funding for the design of the facilities.

museum, from the Interim Finance Committee or the
Legislature if in session, before expending funding for the design of the
facilities.

Sec. 3. Any remaining
balance of the appropriations made by section 1 of this act must not be
committed for expenditure after June 30, 2001, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 4. Commencing on July
1, 1999, the Department of Information Services shall repay in annual
installments to the State Treasurer for deposit to the state general fund the
cost of project 97-C26, Capitol complex conduit system study and phase I, and
project 97-S4H, advance planning through design development for addition to
computer facility. Each installment must be equal to 5 percent of the total
cost of the completed project.

Sec. 5. Commencing on July
1, 1999, the State Printing Office shall repay in annual installments to the
State Treasurer for deposit to the state general fund the cost of project
97-S1, which provides for a new roof on the state printing building. Each
installment must be equal to 5 percent of the total cost of the completed
project.

Sec. 6. There is hereby
appropriated from the state highway fund to the State Public Works Board the
sum of $4,681,342 to support the board in carrying out the program of capital
improvements summarized in this section. This amount is allocated to projects
numbered and described in the executive budget for the fiscal years 1997-1998
and 1998-1999 or otherwise described as follows:

Sec. 7. Any remaining
balance of the appropriations made by section 6 of this act must not be
committed for expenditure after June 30, 2001, and reverts to the highway fund
as soon as all payments of money committed have been made.

Sec. 8. The amounts
appropriated pursuant to section 6 of this act from the state highway fund must
be allocated by the State Controller as the money is
required for the projects and must not be transferred to the projects from the
state highway fund until required to make contract payments.

money is required for the projects and must not be
transferred to the projects from the state highway fund until required to make
contract payments.

Sec. 9. There is hereby
appropriated from the penalties and interest account maintained by the
Employment Security Division of the Department of Employment, Training and
Rehabilitation to the State Public Works Board the sum of $153,600 to support
the board in carrying out the program of capital improvement, described and
numbered in the executive budget as Project No. 97-E1, repairs for Employment
Security Division Taylor Street building in Reno.

Sec. 10. The State Board of
Examiners shall issue general obligation bonds of the State of Nevada in the
face amount of not more than $149,611,405 for the following capital
improvements summarized in this section. This amount is allocated to projects
numbered and described in the executive budget for the fiscal years 1997-1998
and 1998-1999 or otherwise described as follows:

Sec. 11. Any remaining
balance of the allocated amounts authorized in section 10 of this act must not
be committed for expenditure after June 30, 2001, and reverts to the bond
interest and redemption account in the consolidated bond interest and
redemption fund as soon as all payments of money committed have been made.

Sec. 12. 1. The
State Controller may advance temporarily from the state general fund or, upon
the approval of the Chief of the Budget Division of the Department of
Administration, from other projects as authorized in sections 1 and 17 of this
act to the State Public Works Board, until the date on which bonds authorized
by section 10 of this act are sold, amounts necessary to facilitate the start
of the projects enumerated in section 10 of this act. The State Controller
shall not advance more than the face amount of the bonds authorized to be
issued. The advanced amounts must be repaid immediately to the state general
fund or to the other projects as authorized in sections 1 and 17 of this act
upon the sale of the bonds.

2. The Chief of the Budget Division of
the Department of Administration shall notify the State Controller and the
Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of an
advance from the state general fund or from a project
authorized in section 1 or 17 of this act to the State Public Works Board
pursuant to subsection 1.

from the state general fund or from a project authorized in
section 1 or 17 of this act to the State Public Works Board pursuant to
subsection 1.

Sec. 13. The State Public
Works Board shall transfer the sum of $645,651 from the amounts allocated or
appropriated pursuant to sections 1 and 4 of chapter 826, Statutes of Nevada
1991, at pages 1524 to 1528, inclusive, from the projects identified in this section
to projects as authorized in section 17 of this act:

Sec. 14. The State Public
Works Board shall transfer the sum of $2,137,989 from the amounts allocated or
appropriated pursuant to sections 1 and 14 of chapter 351, Statutes of Nevada
1993, at pages 1126 through 1131, inclusive, from the projects identified in
this section to projects as authorized in section 17 of this act:

6. State office building
furnishings/equipment and site improvements, Las Vegas................................................................... 93-C3................................................................................ $335,572

Sec. 15. The State Public
Works Board shall transfer the sum of $14,000 from the amount appropriated
pursuant to section 1 of chapter 237, Statutes of Nevada 1993, at page 518, for
project 93-M20, fencing repairs at SNCC, to projects as authorized in section
17 of this act.

Sec. 16. The State Public
Works Board shall transfer the sum of $4,332,864 from the amounts allocated or
appropriated pursuant to sections 1, 6, 10 and 11 of chapter 619, Statutes of
Nevada 1995, at pages 2331 to 2338, inclusive, from the projects identified in
this section to projects as authorized in section 17 of this act:

9. Feasibility study for law school within
the University and Community College System of Nevada............... 95-L16................................................................................ $330,000

Sec. 17. The State Public
Works Board shall use the $7,130,504 transferred from the projects identified
in sections 13 to 16, inclusive, of this act to support the board in carrying
out the program of capital improvements summarized in this section. This amount
is allocated to projects numbered and described in the executive budget for the
fiscal years 1997-1998 and 1998-1999 or otherwise described as follows:

Sec. 18. Any remaining
balance of the allocated amounts in section 17 of this act must not be
committed for expenditure after June 30, 2001, and reverts to the fund of
origin as soon as all payments of money committed have been made.

Sec. 19. Expenditure of the
following sums not appropriated from the state general fund or the state
highway fund is hereby authorized for the following projects numbered and
described in the executive budget for the fiscal years 1997-98 and 1998-99 or
otherwise described as follows:

Sec. 20. The State Public
Works Board shall carry out the provisions of this act as provided in chapter
341 of NRS. The board shall ensure that qualified persons are employed to
accomplish the authorized work. Every contract pertaining to the work must be
approved by the attorney general.

Sec. 21. All state and local
governmental agencies involved in the design and construction of the projects
enumerated in this act shall cooperate with the State Public Works Board to
expedite the completion of the project.

Sec. 22. 1. An
ad valorem tax of 15 cents on each $100 of assessed valuation of taxable
property is hereby levied for the fiscal year commencing July 1, 1997, and
ending June 30, 1998, and an ad valorem tax of 15 cents on each $100 of
assessed valuation of taxable property is hereby levied for the fiscal year
commencing July 1, 1998, and ending June 30, 1999. The taxes levied must be
collected in the manner provided in chapter 361 of NRS on all taxable property
in this state including the net proceeds of minerals and excluding such property
as is by law exempt from taxation.

2. The proceeds of the tax levied by
subsection 1 are hereby appropriated for each fiscal year to the consolidated
bond interest and redemption fund to discharge the obligations of the State of
Nevada as they are respectively due in that fiscal year. Any balance of the
money appropriated by this section remaining at the end of the respective
fiscal years does not revert to the state general fund.

Sec. 23. 1. On
or before July 1, 1997, and July 1, 1998, the State Controller shall estimate
the amount of proceeds of the tax levied by section 22 of this act. If the
amount is less than the total obligation of the State of Nevada for payment of
the interest on and principal of bonds which will become due in the fiscal year,
he shall reserve in the state general fund an amount which is sufficient to pay
the remainder of the total obligation. The State Controller may revise the
estimate and amount reserved.

2. If the money in the consolidated bond
interest and redemption fund is insufficient to pay those obligations as they
become due, the State Controller shall cause the money in reserve to be
transferred from the state general fund to the consolidated bond interest and
redemption fund. The amount reserved is hereby contingently appropriated for
that purpose. Any balance of the sums appropriated by this subsection remaining
at the end of the respective fiscal years must not be committed for expenditure
after June 30 and reverts to the state general fund as soon as all payments of
money committed have been made.

3. The State Controller shall report to
the Legislature or, if the Legislature is not in session, to the Interim
Finance Committee:

(a) The amount of any estimate made pursuant to
subsection 1 and the amount of money reserved in the state general fund based
upon the estimate;

(b) The amount of money transferred from the
state general fund pursuant to subsection 2; and

(c) The amount of money which reverts to the
state general fund pursuant to subsection 2.

Sec. 24. The State Board of
Examiners, in its capacity as the State General Obligation Bond Commission and
to the extent that money is available, shall pay the expenses related to the
issuance of general obligation bonds approved by the 69th session of the Nevada
Legislature from the proceeds of those bonds.

Sec. 25. Expenditure of the
following sums not appropriated from the state general fund or the state
highway fund is hereby authorized from the consolidated
bond interest and redemption fund in the amount of $56,506,169 for the fiscal
year beginning July 1, 1997, and ending June 30, 1998, and in the amount of
$65,106,592 for the fiscal year beginning July 1, 1998, and ending June 30,
1999.

consolidated bond interest and redemption fund in the amount
of $56,506,169 for the fiscal year beginning July 1, 1997, and ending June 30,
1998, and in the amount of $65,106,592 for the fiscal year beginning July 1,
1998, and ending June 30, 1999.

Sec. 26. With the approval
of the Interim Finance Committee, the State Public Works Board and the
University and Community College System of Nevada may transfer appropriated and
authorized money from one project to another within the same agency or within
the University and Community College System of Nevada for those projects listed
in sections 1, 6, 10, 17 and 28 of this act.

Sec. 27. The state public
works board shall let a single contract for project number 97-C4, Unit 4B,
culinary building expansion and new program building, NWCC. The contract for
construction is exempt from the provisions relating to bids in NRS 341.145 to
341.151, inclusive.

Sec. 28. The money collected
pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385
which is distributed to the special capital construction fund for higher
education, except any amount of that money that is needed to pay the principal
and interest on bonds is appropriated to the State Public Works Board for the
following capital improvement projects for the University and Community System
of Nevada:

Sec. 29. Any remaining
balance of the appropriation made by section 28 of this act must not be
committed for expenditure after June 30, 2001, and reverts to the fund of
origin as soon as all payments of money committed have been made.

Sec. 10. 1. There
is hereby appropriated from the state general fund to the University and
Community College System of Nevada the sum of $500,000 to conduct a feasibility
study for the establishment of a school of law within the University and
Community College System of Nevada.

2. The results
of the feasibility study must be submitted to the director of the legislative
counsel bureau for transmittal to the 69th session of the Nevada legislature.

3. Any
remaining balance of the appropriation made by subsection 1 must not be
committed for expenditure after June 30, [1997,]2001, and reverts to the
state general fund as soon as all payments of money committed have been made.

and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 26. [Any]

1. Except as otherwise provided in subsection 2,
any remaining balance of the appropriations made by sections 1 and 19 of
[this act]chapter
619, Statutes of Nevada 1995, must not be committed for expenditure
after June 30, 1999,and reverts to the state
general fund as soon as all payments of money committed have been made.

2. Any
remaining balance of the appropriations made by section 1 of chapter 619,
Statutes of Nevada 1995, for projects enumerated in section 16 of this act,
must not be committed for expenditure after June 30, 2001, and reverts to the
state general fund as soon as all payments of money committed have been made.

Sec. 27. [Any]

1. Except as otherwise provided in subsection 2,
any remaining balance of the allocated amounts authorized in section 11
of [this act]chapter 619, Statutes of Nevada 1995, must not be
committed for expenditure after June 30, 1999,and
reverts to the bond interest and redemption account in the consolidated bond
interest and redemption fund as soon as all payments of money committed have
been made.

2. Any
remaining balance of the allocated amounts authorized in section 11 of chapter
619, Statutes of Nevada 1995, for projects enumerated in section 16 of this
act, must not be committed for expenditure after June 30, 2001, and reverts to
the bond interest and redemption account in the consolidated bond interest and
redemption fund as soon as all payments of money committed have been made.

Sec. 28. [Any]

1. Except as otherwise provided in subsection 2,
any remaining balance of the appropriation made by section 6 of [this act]chapter
619, Statutes of Nevada 1995, must not be committed for expenditure
after June 30, 1999,and reverts to the state highway fund as soon as all payments of money
committed have been made.

2. Any
remaining balance of the appropriation made by section 6 of chapter 619,
Statutes of Nevada 1995, for projects enumerated in section 16 of this act,
must not be committed for expenditure after June 30, 2001, and reverts to the
state highway fund as soon as all payments of money committed have been made.

Sec. 31. This act becomes
effective on June 30, 1997.

________

κ1997
Statutes of Nevada, Page 1839κ

CHAPTER 479, SB 169

Senate Bill No.
169Senator Adler

CHAPTER 479

AN ACT relating to courses of study;
providing for independent study by full-time pupils in high schools; and
providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 389 of NRS
is hereby amended by adding thereto a new section to read as follows:

1. The state board
shall, by regulation, establish a program pursuant to which a pupil enrolled
full time in high school may complete any required or elective course by independent
study outside of the normal classroom setting.

2. The regulations
must require that:

(a) The teacher of the
course assign to the pupil the work assignments necessary to complete the
course; and

(b) The pupil and teacher
meet or otherwise communicate with each other at least once each week during
the course to discuss the pupils progress.

3. The
board of trustees in each school district may, in accordance with the
regulations adopted pursuant to subsections 1 and 2, provide for independent
study by pupils enrolled full time in high schools in its district. A board of
trustees that chooses to allow such study may provide that:

(a) The pupils
participating in the independent study be given instruction individually or in
a group.

(b) The independent study
be offered during the regular school day.

Sec. 2. This act becomes
effective on July 1, 1997.

________

κ1997
Statutes of Nevada, Page 1840κ

CHAPTER 480, SB 220

Senate Bill No.
220Committee on Human Resources and Facilities

CHAPTER 480

AN ACT relating to public education;
authorizing the formation of charter schools; restricting the number of charter
schools that may be formed in certain counties; providing an exception from the
limitation for charter schools that provide educational services to pupils who
are at risk; authorizing the board of trustees of school districts to sponsor
charter schools; prescribing the process by which an application to form a
charter school is submitted and approved; providing for the financial support
of charter schools; exempting charter schools from certain statutes applicable
to public schools; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 385.005 is
hereby amended to read as follows:

385.005 1. The
legislature reaffirms its intent that public education in the State of Nevada
is essentially a matter for local control by local school districts. The
provisions of this Title are intended to reserve to the boards of trustees of
local school districts within [the]this state such rights and powers as are
necessary to maintain control of the education of the children within their
respective districts. These rights and powers [shall]may only be limited by other specific provisions
of law.

2. The responsibility of establishing a
statewide policy of integration or desegregation of public schools is reserved
to the legislature. The responsibility for establishing a local policy of
integration or desegregation of public schools consistent with the statewide
policy established by the legislature is delegated to the respective boards of
trustees of local school districts [.]and to the governing body of each charter school.

3. The state board [of education] shall, and each board of
trustees of a local school district , the governing body
of each charter school and any other school [official]officer may, advise the legislature at each
regular session of any recommended legislative action to [insure]ensure
high standards of equality of educational opportunity for all children
in the State of Nevada.

Sec. 2. NRS 385.007 is
hereby amended to read as follows:

385.007As used in this Title,
unless the context otherwise requires:

1. Charter
school means a public school that is formed pursuant to the provisions of
sections 8 to 31, inclusive, of this act.

2. Department
means the department of education.

[2.]3. Public schools means all
kindergartens and elementary schools, junior high schools and middle schools,
high schools , charter schools and any other
schools, classes and educational programs which receive their support through
public taxation and , except for charter schools, whose
textbooks and courses of study are under the control of the state board.

1. Except
as otherwise provided in subsections 2 and 3, the state board [of education] shall prescribe and cause
to be enforced the courses of study for the public schools of this state .[; provided:

1. That high]

2. For
those courses of study prescribed by the state board:

(a) High schools
may have modified courses of study, subject to the approval of the state board [of education; and

2. That any]; and

(b) Any high
school offering courses normally accredited as being beyond the level of the
12th grade shall, before offering such courses, have them approved by the state
board . [of
education.]

3. A charter
school is not required to offer the courses of study prescribed by the state
board except for those courses of study which are required for promotion to the
next grade or graduation from high school.

Sec. 4. NRS 385.115 is
hereby amended to read as follows:

385.115 The state board [of education] shall cooperate with the
attorney general in the establishment in the schools ,
including, without limitation, charter schools, of programs of
information about missing children and adopt regulations containing guidelines
for such programs.

Sec. 5. NRS 385.240 is
hereby amended to read as follows:

385.240 1. The
superintendent of public instruction shall approve or disapprove lists of books
for use in public school libraries [, but such]except for the libraries of charter schools. Such lists
must not include books containing or including any story in prose or poetry the
tendency of which would be to influence the minds of children in the formation
of ideals not in harmony with truth and morality or the American way of life,
or not in harmony with the Constitution and laws of the United States or of the
State of Nevada.

2. Actions of the superintendent with
respect to lists of books are subject to review and approval or disapproval by
the state board.

Sec. 6. NRS 385.347 is
hereby amended to read as follows:

385.347 1. The board of
trustees of each school district in this state, in cooperation with
associations recognized by the state board as representing licensed personnel
in education in the district, shall adopt a program providing for the
accountability of the school district to the residents of the district and to
the state board for the quality of the schools and the educational achievement
of the pupils in the district [.], including, without limitation, pupils enrolled in charter
schools in the school district.

2. The board of trustees of each school
district shall, on or before March 31 of each year, report to the residents of
the district concerning:

(a) The educational goals and objectives of the
school district.

(b) Pupil achievement for grades 4, 8 and 11 for
each school in the district and the district as a whole [.], including, without limitation, each charter school in
the district. Unless otherwise directed by the department, the board of
trustees of the district shall base its report on the results of the
examinations administered pursuant to NRS 389.015 and shall compare the results
of those examinations for the current school year with those of previous school years.

previous school years. In addition, the board shall also
report the results of other examinations of pupil achievement administered to
each pupil in the school district in grades other than 4, 8 and 11. The results
of these examinations for the current school year must be compared with those
of previous school years.

(c) The ratio of pupils to teachers in
kindergarten and at each grade level for each elementary school in the district
and the district as a whole, including, without
limitation, each charter school in the district, the average class size
for each required course of study for each secondary school in the district and
the district as a whole, including, without limitation,
each charter school in the district, and other data concerning licensed
and unlicensed employees of the school district.

(d) A comparison of the types of classes that
each teacher has been assigned to teach with the qualifications and licensure
of the teacher, for each school in the district and the district as a whole [.], including,
without limitation, each charter school in the district.

(e) The total expenditure per pupil for each
school in the district and the district as a whole [.] , including, without limitation, each charter school in the
district.

(f) The curriculum used by the school district,
including [any]:

(1) Any
special programs for pupils at an individual school [.]; and

(2) The curriculum
used by each charter school in the district.

(g) Records of the attendance and truancy of
pupils in all grades, for each school in the district and the district as a
whole [.],
including, without limitation, each charter school in the district.

(h) The annual rate of pupils who drop out of
school in grades 9 to 12, inclusive, for each such grade, for each school in
the district and for the district as a whole.

(i) Efforts made by the school district and by
each school in the district , including, without
limitation, each charter school in the district, to increase
communication with the parents of pupils in the district.

(j) Records of incidents involving weapons or
violence for each school in the district [.], including, without limitation, each charter school in
the district.

(k) Records of the suspension and expulsion of
pupils required or authorized pursuant to NRS 392.466 and 392.467.

(l) The transiency rate of pupils for each
school in the district and the district as a whole [.], including, without limitation, each charter school
in the district.

(m) Each source of funding for the school
district.

(n) Such other information as is directed by the
superintendent of public instruction.

3. The superintendent of public
instruction shall:

(a) Prescribe forms for the reports required
pursuant to subsection 2 and provide the forms to the respective school
districts.

(b) Provide statistical information and
technical assistance to the school districts to ensure that the reports provide
comparable information with respect to each school in each district and among
the districts.

concerning the program and consider any advice or
recommendations submitted by the representatives with respect to the program.

4. On or before April 15 of each year,
the board of trustees of each school district shall submit to the state board
the report made pursuant to subsection 2. On or before June 15 of each year,
the board of trustees of each school district shall submit to the state board:

(a) A separate report summarizing the
effectiveness of the districts program of accountability during the school
year; and

(b) A description of the efforts the district
has made to correct deficiencies identified in the report submitted pursuant to
paragraph (a).

5. On or
before February 1 of each year, the superintendent of public instruction shall
analyze the information submitted to the state board and report to the
legislature concerning the effectiveness of the programs of accountability
adopted pursuant to this section. In even-numbered years, the report must be
submitted to the legislative commission.

Sec. 7. Chapter 386 of NRS
is hereby amended by adding thereto the provisions set forth as sections 8 to
31, inclusive, of this act.

Sec. 8. For the purposes of sections 8 to 31, inclusive, of this act,
a pupil is at risk if he has an economic or academic disadvantage such that
he requires special services and assistance to enable him to succeed in
educational programs. The term includes, without limitation, pupils who are
members of economically disadvantaged families, pupils with limited proficiency
in the English language, pupils who are at risk of dropping out of high school
and pupils who do not meet minimum standards of academic proficiency. The term
does not include a pupil with a disability.

Sec. 9. 1. The legislature hereby declares that by
authorizing the formation of charter schools in this state:

(a) The primary
consideration of the legislature is to serve the best interests of pupils who
are at risk.

(b) The intention of the
legislature is to provide:

(1) The board of
trustees of school districts with a method to experiment with providing a
variety of independent public schools to the pupils of this state;

(2) A framework
for such experimentation;

(3) A mechanism by
which the results achieved by charter schools may be measured and analyzed; and

(4) A procedure by
which the positive results achieved by charter schools may be replicated and
the negative results may be identified and eliminated.

(c) The intention of the
legislature is to provide teachers and other educational personnel, parents,
legal guardians and other persons who are interested in the system of public
education in this state the opportunity to:

(1) Improve the
learning of pupils and, by extension, improve the system of public education;

(2) Increase the
opportunities for learning and access to quality education by pupils;

(3) Encourage the
use of different and innovative teaching methods;

(4) Establish
appropriate measures for and assessments of the learning achieved by pupils who
are enrolled in charter schools;

(5) Provide a more
thorough and efficient system of accountability of the results achieved in
public education in this state; and

(6) Create new
professional opportunities for teachers and other educational personnel,
including, without limitation, the opportunity to increase the accessibility
and responsibility of teachers and other educational personnel for the program
of learning offered.

2. The legislature
declares that by authorizing the formation of charter schools it is not
authorizing:

(a) The establishment of
a charter school as a justification to keep open an existing public school that
would otherwise be closed;

(b) A means for providing
financial assistance for private schools or programs of home study; or

(c) The formation of
charter schools on the basis of a single race, religion or ethnicity.

Sec. 10. 1. Except as otherwise provided in subsection 2:

(a) In a county whose
population is more than 400,000, two charter schools may be formed per every
75,000 pupils who are enrolled in public schools in the county school district.

(b) In a county whose
population is more than 100,000 but less than 400,000, two charter schools may
be formed.

(c) In a county whose
population is less than 100,000, one charter school may be formed.

2. The limitations
set forth in subsection 1 do not apply to charter schools that are dedicated to
providing educational programs and opportunities for pupils who are at risk.

Sec. 11. The board of trustees of a school district may apply to the
department for authorization to sponsor charter schools within the school district.
An application must be approved by the department before the board of trustees
may sponsor a charter school. Not more than 180 days after receiving approval
to sponsor charter schools, the board of trustees shall provide public notice
of its ability to sponsor charter schools and solicit applications for charter
schools.

Sec. 12. 1. A committee to form a charter school must
consist of at least three licensed teachers alone or in combination with:

(a) Ten or more members
of the general public;

(b) Representatives of an
organization devoted to service to the general public;

(c) Representatives of a
private business; or

(d) Representatives of a
college or university within the University and Community College System of
Nevada.

2. A committee to
form a charter school may not submit an application to form a charter school that
proposes to convert a private school or a program of study at home into a
charter school.

3. Before a
committee to form a charter school may submit an application to the board of
trustees of a school district, it must submit the application to the
department. The application must include all information prescribed by the
department by regulation and:

(a) A written description
of how the charter school will carry out the provisions of sections 8 to 31,
inclusive, of this act.

(b) A written description
of the educational programs that will be offered by the charter school.

(c) A written description
of the level and type of educational services that will be provided to pupils
who are at risk.

(d) The policy and
criteria for admission to the charter school and the justification for the
policy and criteria.

(e) The standards of
achievement for the charter school, including, without limitation, the:

(1) Academic and
other educational results that will be expected of pupils who are enrolled in
the charter school;

(2) Time by which
such results will be achieved; and

(3) Procedure by
which the results will be measured and assessed.

(f) An agreement to
provide a written report at the end of each school semester to the parents and
legal guardians of pupils who are enrolled in the charter school, the residents
of the community, the sponsor of the charter school and the state board. The
written report must include the progress of the charter school in meeting the
standards of achievement set forth in the application.

(g) The system of
governance for the charter school.

(h) The system of
organization and operation for the charter school.

(i) The policies,
practices and programs of the charter school that will ensure participation and
involvement in the activities of the charter school by parents and legal
guardians of pupils who are enrolled in the charter school.

(j) The policies and
practices of employment by the charter school applicable to the administrators
and other employees of the charter school.

(k) The procedure for
evaluation of the teachers and other employees of the charter school, if
different from the procedure prescribed in NRS 391.3125.

(l) The written rules of
behavior required of pupils who are enrolled in the charter school, including,
without limitation, disciplinary policies and procedures for the charter
school.

(m) A written description
of the location of the charter school and the facilities and equipment
available to the charter school. The description must include the procedures
that will be followed for the disposition of facilities and equipment upon
dissolution or nonrenewal of the charter.

(n) Guidelines for
determining who is liable if the charter school is dissolved or its application
for renewal is not approved.

(o) Procedures for
auditing the programs and finances of the charter school.

(p) An agreement
that the curriculum of the charter school will focus on the intellectual
development of pupils, including, without limitation, the acquisition of
identifiable academic and technical skills.

(q) An agreement that the
pupils who are enrolled in the charter school will be tested on a regular basis
and that copies of the examinations with a letter or numerical grade will be
included in the report of progress of the pupil provided to the parents or legal
guardian of the pupil.

(r) An agreement that a
pupil must achieve a specified level of performance appropriate for his grade
level before he is promoted to the next grade.

4. The department
shall review an application to form a charter school to determine whether it is
complete. The department shall provide written notice to the applicant of its
approval or denial of the application. If the department denies an application,
the department shall include in the written notice the reason for the denial
and the deficiencies in the application. The applicant must be granted 30 days
after receipt of the written notice to correct any deficiencies identified in
the written notice and resubmit the application.

Sec. 13. 1. Upon approval of an application by the
department, a committee to form a charter school may submit the application to
the board of trustees of the school district in which the proposed charter
school will be located. The board of trustees shall consider the application at
a public meeting for which notice has been provided pursuant to chapter 241 of
NRS. The board of trustees shall review the application to determine whether it
is complete in accordance with the regulations of the department. The board of
trustees shall approve an application if it is complete. The board of trustees
shall provide written notice to the applicant of its approval or denial of the
application. If the board of trustees denies an application, it shall include
in the written notice the reasons for the denial and the deficiencies in the
application. The applicant must be granted 30 days after receipt of the written
notice to correct any deficiencies identified in the written notice and
resubmit the application.

2. If an application
is approved by the board of trustees, the board of trustees and the applicant
shall enter into a written agreement concerning the methods and procedures for
the board of trustees to monitor the progress of the charter school. The
written agreement must authorize the board of trustees and the department to
physically inspect the school at any time. The contents of the application set
forth in section 12 and the written agreement entered into pursuant to this
subsection shall be deemed the written charter of the charter school. A written
charter is for a term of 6 years unless the governing body of the charter
school renews its initial charter after 3 years of operation pursuant to
subsection 2 of section 18 of this act.

3. If an
application is approved by the board of trustees, the committee to form a
charter school that submitted the application shall be deemed the governing
body of the charter school.

4. Upon request of
the governing body of a charter school and the approval of the board of trustees
of the school district that granted the written charter, the written charter
may be amended if such amendment will grant to the charter school a greater
ability to achieve its educational goals and objectives. An amendment must not
authorize an extension of the duration of the term of the written charter.

Sec. 14. 1. On or before July 1 of each year, the board of
trustees of a school district that sponsors a charter school shall submit a
written report to the state board. The written report must include an
evaluation of the progress of each charter school sponsored by the board of
trustees in achieving its educational goals and objectives.

2. The governing
body of a charter school shall, after 3 years of operation under its initial
charter, submit a written report to the board of trustees of the school district
that is the sponsor of the charter school. The written report must include a
description of the progress of the charter school in achieving its educational
goals and objectives. If the charter school submits an application for renewal
in accordance with the regulations of the department, the board of trustees may
renew the written charter of the school pursuant to subsection 2 of section 18
of this act.

Sec. 14.5. 1. On or before April 15 of each year, the
governing body of each charter school shall submit the report required pursuant
to subsection 2 of NRS 385.347 to the:

(a) Governor;

(b) State board;

(c) Department;

(d) Legislative committee
on education created pursuant to section 37 of Senate Bill No. 482 of this
session; and

(e) Legislative bureau of
educational accountability and program evaluation created pursuant to section
41 of Senate Bill No. 482 of this session.

2. On or before
April 15 of each year, the governing body of each charter school shall submit
the information prepared by the governing body pursuant to paragraph (q) of
subsection 2 of NRS 385.347, as amended by section 22 of Senate Bill No. 482 of
this session, to the commission on educational technology created pursuant to
section 27 of Senate Bill No. 482 of this session.

3. On or before
June 15 of each year, the governing body of each charter school shall:

(a) Prepare:

(1) A separate
written report summarizing the effectiveness of the charter schools program of
accountability during the school year. The report must include:

(I) A review
and analysis of the data upon which the report required pursuant to subsection
2 of NRS 385.347 is based; and

(II) The
identification of any problems or factors at the charter school that are
revealed by the review and analysis.

(2) A written
procedure to improve the achievement of pupils who are enrolled in the charter
school, including, but not limited to, a description of the efforts the
governing body has made to correct any deficiencies identified in the written
report required pursuant to subparagraph (1). The written procedure must
describe sources of data that will be used by the governing body to evaluate
the effectiveness of the written procedure.

(b) Submit copies of the
written report and written procedure required pursuant to paragraph (a) to the:

(4) Legislative
committee on education created pursuant to section 37 of Senate Bill No. 482 of
this session; and

(5) Legislative
bureau of educational accountability and program evaluation created pursuant to
section 41 of Senate Bill No. 482 of this session.

4. The department
shall maintain a record of the information that it receives from each charter
school pursuant to this section in such a manner as will allow the department
to create for each charter school a yearly profile of information.

5. The governing
body of each charter school shall ensure that a copy of the written report and
written procedure required pursuant to paragraph (a) of subsection 3 is
included with the final budget of the charter school adopted pursuant to NRS
354.598.

6. The legislative
bureau of educational accountability and program evaluation created pursuant to
section 41 of Senate Bill No. 482 of this session may authorize a person or
entity with whom it contracts pursuant to section 19 of Senate Bill No. 482 of
this session to review and analyze information submitted by charter schools
pursuant to this section, consult with the governing bodies of charter schools
and submit written reports concerning charter schools pursuant to section 19 of
Senate Bill No. 482 of this session.

Sec. 15. The board of trustees of a school district may revoke the
written charter of the charter school before the expiration of the charter if a
majority of the members of the board of trustees determines that the charter
school, its officers or its employees have failed to comply with:

1. The terms and
conditions of the written charter, including, without limitation, the times by
which certain academic or educational results would be achieved;

2. Generally
accepted standards of accounting and fiscal management; or

3. The provisions
of sections 8 to 31, inclusive, of this act or any other statute or regulation
applicable to charter schools.

Sec. 16. The board of trustees of a school district that approves the
formation of a charter school shall not:

1. Assign any
pupil who is enrolled in a public school in the school district or any employee
who is employed in a public school in the school district to a charter school.

2. Interfere with
the operation and management of the charter school except as authorized by the
written charter, sections 8 to 31, inclusive, of this act and any other statute
or regulation applicable to charter schools or its officers or employees.

Sec. 17. If a charter school files a voluntary petition of bankruptcy
or is declared bankrupt during a school year, the governing body of the charter
school shall make an assignment of all real property and other property of the
charter school to the State of Nevada for the repayment of all money received
by the charter school from this state for the operation of the charter school
during that year. The governing body shall make full settlement with this state for such repayment, and the state may take any
lawful action necessary to recover the money.

this state for such repayment, and
the state may take any lawful action necessary to recover the money.

Sec. 18. 1. Except as otherwise provided in subsection 2,
an application for renewal of a written charter may be submitted to the sponsor
of the charter school not less than 90 days before the expiration of the
charter. The application must include the information prescribed by the
regulations of the department. The sponsor shall conduct an intensive review
and evaluation of the charter school in accordance with the regulations of the
department. The sponsor shall renew the charter unless it finds the existence
of any ground for revocation set forth in section 15 of this act. The sponsor
shall provide written notice of its determination not fewer than 30 days before
the expiration of the charter. If the sponsor intends not to renew the charter,
the written notice must:

(a) Include a statement
of the deficiencies or reasons upon which the action of the sponsor is based;
and

(b) Prescribe a period of
not less than 30 days during which the charter school may correct any such
deficiencies.

If the charter school corrects the
deficiencies to the satisfaction of the sponsor within the time prescribed in
paragraph (b), the sponsor shall renew the charter of the charter school.

2. A charter
school may submit an application for renewal of its initial charter after 3
years of operation of the charter school. The application must include the
information prescribed by the regulations of the department. The sponsor shall
conduct an intensive review and evaluation of the charter school in accordance
with the regulations of the department. The sponsor shall renew the charter
unless it finds the existence of any ground for revocation set forth in section
15 of this act. The sponsor shall provide written notice of its determination.
If the sponsor intends not to renew the charter, the written notice must:

(a) Include a statement
of the deficiencies or reasons upon which the action of the sponsor is based;
and

(b) Prescribe a period of
not less than 30 days during which the charter school may correct any such
deficiencies.

If the charter school corrects the deficiencies
to the satisfaction of the sponsor within the time prescribed in paragraph (b),
the sponsor shall renew the charter of the charter school.

Sec. 19. A charter school shall:

1. Comply with all
laws and regulations relating to discrimination and civil rights.

2. Remain
nonsectarian, including, without limitation, in its educational programs,
policies for admission and employment practices.

7. Cooperate with
the board of trustees of the school district in the administration of the
achievement and proficiency examinations administered pursuant to NRS 389.015
to the pupils who are enrolled in the charter school.

8. Comply with
applicable statutes and regulations governing the achievement and proficiency
of pupils in this state.

9. Provide at
least the courses of instruction that are required of pupils by statute or
regulation for promotion to the next grade or graduation from a public high
school and require the pupils who are enrolled in the charter school to take
those courses of study. This subsection does not preclude a charter school from
offering, or requiring the pupils who are enrolled in the charter school to
take, other courses of study that are required by statute or regulation.

11. Adhere to the
same transportation policy that is in effect in the school district in which
the charter school is located.

Sec. 20. A charter school shall not be supported by or otherwise
affiliated with any religion or religious organization or institution.

Sec. 21. 1. A charter school may contract with the board
of trustees of the school district in which the charter school is located to
perform any service relating to the operation of the charter school, including,
without limitation, transportation and the provision of health services for the
pupils who are enrolled in the charter school.

2. A charter
school may use any public facility located within the school district in which
the charter school is located. A charter school may use school buildings owned
by the school district only upon approval of the board of trustees of the
school district and during times that are not regular school hours.

Sec. 22. 1. The policies for admission to a charter school
must be consistent with the provisions of the written charter of the charter
school and must be directly related to the goals and missions of the charter
school.

2. An application
for enrollment in a charter school may be submitted to the governing body of
the charter school by the parent or legal guardian of any child who resides in
this state. If the board of trustees of the school district in which the
charter school is located has established zones of attendance pursuant to NRS
388.040, the charter school shall, if practicable, ensure that the racial
composition of pupils enrolled in the charter school does not differ by more
than 10 percent from the racial composition of pupils who attend public schools
in the zone in which the charter school is located. If more pupils apply for
enrollment in the charter school than the number of spaces which are available,
the charter school shall determine which applicants to enroll on the basis of a
lottery system.

3. Except as
otherwise provided in subsection 5, a charter school shall not accept
applications for enrollment in the charter school or otherwise discriminate
based on the:

4. If the
governing body of a charter school determines that the charter school is unable
to provide an appropriate special education program and related services for a
particular disability of a pupil who is enrolled in the charter school, the
governing body may request that the board of trustees of the school district of
the county in which the pupil resides transfer that pupil to an appropriate
school.

5. This section
does not preclude the formation of a charter school that is dedicated to
provide educational services exclusively to pupils:

(a) With disabilities;

(b) Who pose such severe
disciplinary problems that they warrant an educational program specifically
designed to serve a single gender and emphasize personal responsibility and
rehabilitation; or

(c) Who are at risk.

If more eligible pupils apply for
enrollment in such a charter school than the number of spaces which are
available, the charter school shall determine which applicants to enroll on the
basis of a lottery system.

Sec. 23. 1. A governing body of a charter school shall
adopt:

(a) Written rules of
behavior required of and prohibited for pupils attending the charter school;
and

(b) Appropriate
punishments for violations of the rules.

2. Except as
otherwise provided in subsection 3, if suspension or expulsion of a pupil is
used as a punishment for a violation of the rules, the charter school shall
ensure that, before the suspension or expulsion, the pupil has been given
notice of the charges against him, an explanation of the evidence and an
opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to
any hearing conducted pursuant to this section. Such a hearing must be closed
to the public.

3. A pupil who
poses a continuing danger to persons or property or an ongoing threat of
disrupting the academic process or who is selling or distributing any
controlled substance or who is found to be in possession of a dangerous weapon
as provided in NRS 392.466 may be removed from the charter school immediately
upon being given an explanation of the reasons for his removal and pending
proceedings, which must be conducted as soon as practicable after removal, for
his suspension or expulsion.

4. A pupil who is
enrolled in a charter school and participating in a program of special
education pursuant to NRS 388.520, other than a pupil who is gifted and
talented, may, in accordance with the procedural policy adopted by the
governing body of the charter school for such matters, be:

(a) Suspended from the
charter school pursuant to this section for not more than 10 days.

(b) Suspended from the
charter school for more than 10 days or permanently expelled from schoolpursuant to this section only after the governing body
has reviewed the circumstances and determined that the action is in compliance
with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et
seq.).

5. A copy of the
rules of behavior, prescribed punishments and procedures to be followed in
imposing punishments must be:

(a) Distributed to each
pupil at the beginning of theschool year and to
each new pupil who enters school during the year.

(b) Available for public
inspection at the charter school.

6. The governing
body of a charter school may adopt rules relating to the truancy of pupils who
are enrolled in the charter school if the rules are at least as restrictive as
the provisions governing truancy set forth in NRS 392.130 to 392.220,
inclusive. If a governing body adopts rules governing truancy, it shall include
the rules in the written rules adopted by the governing body pursuant to
subsection 1.

Sec. 24. 1. Pupils who are enrolled in a charter school,
including, without limitation, pupils who are enrolled in programs of special
education in a charter school, must be included in the count of pupils in the
school district for the purposes of apportionments and allowances from the
state distributive school account pursuant to NRS 387.121 to 387.126,
inclusive. A charter school is entitled to receive its proportionate share of
any other money available from federal, state or local sources that the school
or the pupils who are enrolled in the school are eligible to receive.

2. The governing
body of a charter school may negotiate with the board of trustees of the school
district and the state board for additional money to pay for services which the
governing body wishes to offer.

3. To determine the
amount of money for distribution to a charter school in its first year of
operation, the count of pupils who are enrolled in the charter school must
initially be determined 30 days before the beginning of the school year, based
on the number of pupils whose applications for enrollment have been approved by
the charter school. The count of pupils must be revised on the last day of the
first month of the school year, based on the actual number of pupils who are
enrolled in the charter school.

4. The governing
body of a charter school may solicit and accept donations, money, grants,
property, loans, personal services or other assistance for purposes relating to
education from members of the general public, corporations or agencies. The
governing body may comply with applicable federal laws and regulations
governing the provision of federal grants for charter schools.

Sec. 25. 1. At least 75 percent of the teachers who
provide instruction at a charter school must be licensed teachers.

2. A charter
school may employ persons who are not licensed teachers to provide instruction
at the charter school if not more than 25 percent of teachers who provide
instruction at the charter school are not licensed. A person who is employed
pursuant to this subsection must:

(a) Possess a temporary
license to teach during the time that he is fulfilling the requirements for
full licensure;

(b) Possess a
baccalaureate degree or higher degree; or

(c) Have at least 8 years
of experience in the field in which he is employed and possess exemplary skills
in that field.

3. A person
who is employed pursuant to paragraph (b) or (c) of subsection 2:

(a) Must provide
instruction at a charter school only under the direction of a licensed teacher.
The licensed teacher must be responsible for all instructional activities of
the unlicensed teacher.

(b) May only be selected
for employment based upon his qualifications, as determined by the charter
school.

4. A charter
school may employ such administrators for the school as it deems necessary. A
person employed as an administrator must possess:

(a) A masters degree in
school administration, public administration or business administration; or

(b) If the person has at
least 5 years of experience in administration, a baccalaureate degree.

5. A charter
school shall not employ a person pursuant to this section if his license to
teach or provide other educational services has been revoked or suspended in
this state or another state.

Sec. 26. 1. Except as otherwise provided in this
subsection and subsection 2, the provisions of the collective bargaining
agreement entered into by the board of trustees of the school district in which
the charter school is located apply to the terms and conditions of employment
of employees of the charter school. If a written charter is renewed, the
employees of the charter school may, at the time of renewal, apply for recognition
as a bargaining unit pursuant to NRS 288.160.

2. A teacher or a
governing body of a charter school may request that the board of trustees of
the school district and other persons who entered into the collective
bargaining agreement grant a waiver from specific provisions of the collective
bargaining agreement for the teacher or governing body.

3. All employees
of a charter school shall be deemed public employees.

4. The governing
body of a charter school may make all employment decisions with regard to its
employees pursuant to NRS 391.311 to 391.3197, inclusive, unless the applicable
collective bargaining agreement contains separate provisions relating to the
discipline of licensed employees of a school.

5. If the written
charter of a charter school is revoked, the employees of the charter school must
be reassigned to employment within the school district in accordance with the
collective bargaining agreement.

6. The board of
trustees of a school district that is a sponsor of a charter school shall grant
a leave of absence, not to exceed 6 years, to any employee who is employed by
the board of trustees who requests such a leave of absence to accept employment
with the charter school. After the first school year in which an employee is on
a leave of absence, he may return to his former teaching position with the
board of trustees. After the third school year, an employee who is on a leave
of absence may submit a written request to the board of trustees to return to a
comparable teaching position with the board of trustees. After the sixth school
year, an employee shall either submit a written request to return to a
comparable teaching position or resign from the position for which his leave
was granted. The board of trustees shall grant a written request to return to a
comparable position pursuant to this subsection even if the return of the
employee requires the board of trustees to reduce the existing work force of
the school district.

district. The board of trustees may
require that a request to return to a teaching position submitted pursuant to
this subsection be submitted at least 90 days before the employee would
otherwise be required to report to duty.

7. An employee who
is on a leave of absence from a school district pursuant to this section shall
contribute to and be eligible for all benefits for which he would otherwise be
entitled, including, without limitation, participation in the public employees
retirement system and accrual of time for the purposes of leave and retirement.
The time during which such an employee is on leave of absence and employed in a
charter school does not count toward the acquisition of permanent status with
the school district.

8. Upon the return
of a teacher to employment in the school district, he is entitled to the same
level of retirement, salary and any other benefits to which he would otherwise
be entitled if he had not taken a leave of absence to teach in a charter
school.

9. An employee of
a charter school who is not on a leave of absence from a school district is
eligible for all benefits for which he would be eligible for employment in a
public school, including, without limitation, participation in the public
employees retirement system.

10. For all
employees of a charter school:

(a) The compensation that
a teacher or other school employee would have received if he were employed by
the school district must be used to determine the appropriate levels of
contribution required of the employee and employer for purposes of the public
employees retirement system.

(b) The compensation that
is paid to a teacher or other school employee that exceeds the compensation
that he would have received if he were employed by the school district must not
be included for the purposes of calculating future retirement benefits of the
employee.

Sec. 27. 1. On or before November 15 of each year, the
governing body of each charter school shall submit to the sponsor of the
charter school, the superintendent of public instruction and the director of
the legislative counsel bureau for transmission to the majority leader of the
senate and the speaker of the assembly a report that includes:

(a) A written description
of the progress of the charter school in achieving the mission and goals of the
charter school set forth in its application.

(b) For each licensed
employee and nonlicensed teacher employed at the charter school on October 1 of
that year:

(1) The amount of
salary of the employee; and

(2) The designated
assignment, as that term is defined by the department, of the employee.

(c) The count of pupils
who are enrolled in a charter school in:

(1) Kindergarten;

(2) Grades 1 to
12, inclusive; and

(3) Special
education pursuant to NRS 388.440 to 388.520, inclusive.

(d) The actual
expenditures of the charter school in the fiscal year immediately preceding the
report.

(e) The proposed
expenditures of the charter school for the current fiscal year.

2. On or before
November 25 of each year, the superintendent of public instruction shall submit
to the department of administration and the fiscal analysis division of the
legislative counsel bureau, in a format approved by the director of the
department of administration, a compilation of the reports made by each
governing body pursuant to subsection 1.

3. The
superintendent of public instruction shall, in the compilation required by
subsection 2, reconcile therevenues and
expenditures of the charter schools with the apportionment received by those
schools from the state distributive school account for the preceding year.

Sec. 28. 1. On or before November 15 of each year, the
governing body of each charter school shall submit to the sponsor of the
charter school, the superintendent of public instruction and the director of
the legislative counsel bureau for transmission to the majority leader of the
senate and the speaker of the assembly a report that includes:

(a) A written description
of the progress of the charter school in achieving the mission and goals of the
charter school set forth in its application.

(b) For each licensed
employee and nonlicensed teacher employed by the charter school on October 1 of
that year:

(1) The amount of
salary of the employee; and

(2) The designated
assignment, as that term is defined by the department, of the employee.

(c) For each fund
maintained by the charter school, including, without limitation, the general
fund of the charter school and any special revenue fund which receives state
money, the total number and salaries of licensed and nonlicensed persons whose
salaries are paid from thefund and who are
employed by the governing body in full-time positions or in part-time positions
added together to represent full-time positions. Information must be provided
for the current school year based upon the final budget of the charter school,
including any amendments and augmentations thereto, and for the preceding
school year. An employee must be categorized as filling an instructional,
administrative, instructional support or other position.

(d) The count of pupils
who are enrolled in a charter school in:

(1) Kindergarten;

(2) Grades 1 to
12, inclusive; and

(3) Special education
pursuant to NRS 388.440 to 388.520, inclusive.

(e) The actual
expenditures of the charter school in the fiscal year immediately preceding the
report.

(f) The proposed
expenditures of the charter school for the current fiscal year.

(g) The salary schedule
for licensed employees and nonlicensed teachers in the current school year and
a statement of whether salary negotiations for the current school year have
been completed. If salary negotiations have not been completed at the time the
salary schedule is submitted, the governing body shall submit a supplemental
report to the superintendent of public instruction upon completion of
negotiations.

(h) The number of
employees eligible for health insurance within the charter school forthe current and preceding fiscal years and the amount paid for
health insurance for each such employee during those years.

(i) The rates for fringe
benefits, excluding health insurance, paid by the charter school for its
licensed employees in the preceding and current fiscal years.

(j) The amount paid for
extra duties, supervision of extracurricular activities and supplemental pay,
and the number of employees receiving that pay in the preceding and current
fiscal years.

2. On or before
November 25 of each year, the superintendent of public instruction shall submit
to the department of administration and the fiscal analysis division of the
legislative counsel bureau, in a format approved by the director of the
department of administration, a compilation of the reports made by each governing
body pursuant to subsection 1.

3. The
superintendent of public instruction shall, in the compilation required by
subsection 2, reconcile therevenues and
expenditures of the charter schools with the apportionment received by those
schools from the state distributive school account for the preceding year.

Sec. 29. The department and the board of trustees of a school district
shall:

1. Upon request,
provide information to the general public concerning the formation and
operation of charter schools;

2. Maintain a list
available for public inspection that describes the location of each charter
school;

3. Maintain a list
available for public inspection of any buildings or facilities that may be
suitable for the operation of a charter school;

4. Provide
reasonable assistance to an applicant for a charter school and to a charter
school in carrying out the provisions of sections 8 to 31, inclusive, of this
act; and

5. Provide
technical and other reasonable assistance to a charter school for the operation
of the charter school.

Sec. 30. 1. The department shall adopt regulations that
prescribe:

(a) The process for
submission of an application by the board of trustees of a school district to
the department for authorization to sponsor charter schools and the contents of
the application;

(b) The process for
submission of an application to form a charter school to the department and to
the board of trustees of a school district, and the contents of the
application;

(c) The process for
submission of an application to renew a written charter; and

(d) The criteria and type
of investigation that must be applied by the board of trustees in determining
whether to approve an application to form a charter school or an application to
renew a written charter.

2. The department
may adopt regulations as it determines are necessary to carry out the
provisions of sections 8 to 31, inclusive, of this act, including, without
limitation, regulations that prescribe the procedures for accounting, budgeting
and annual audits of charter schools.

Sec. 31. The state board shall:

1. Review all
statutes and regulations from which charter schools are exempt and determine
whether such exemption assisted or impeded the charter schools in achieving
their educational goals and objectives.

2. Make available
information concerning the formation and operation of charter schools in this
state to pupils, parents and legal guardians of pupils, teachers and other
educational personnel and members of the general public.

Sec. 31.1. NRS 387.030 is
hereby amended to read as follows:

387.030 All money derived from interest
on the state permanent school fund, together with all money derived from other
sources provided by law, must:

1. Be placed in the state distributive
school account which is hereby created in the state general fund; and

2. Be apportioned among the several
school districts and charter schools of [the]this state
at the times and in the manner provided by law.

Sec. 31.3. NRS 387.040 is
hereby amended to read as follows:

387.040 1. Except as
otherwise provided in subsection 2, the state treasurer shall pay over all
public school money received by him for the support of
school districts only on warrants of the state controller issued upon
the orders of the superintendent of public instruction in favor of county
treasurers. When endorsed, the orders are valid vouchers in the hands of the
state controller for the disbursement of public school money.

2. If the board of trustees of a school
district establishes and administers a separate account pursuant to the
provisions of NRS 354.603, the state treasurer shall pay over to the school
district all public school money due [to]
the school district.

3. The state
treasurer shall pay over all public school money received by him for the
support of charter schools only on warrants of the state controller issued upon
the orders of the superintendent of public instruction in favor of the charter
schools. When endorsed, the orders are valid vouchers in the hands of the state
controller for the disbursement of public school money.

Sec. 31.5. NRS 387.047 is
hereby amended to read as follows:

387.0471. Except as
otherwise provided in this section, each school district and charter school shall separately account for all
money received for the instruction of and the provision of related services to
pupils with disabilities and gifted and talented pupils described by NRS
388.520.

2. The separate accounting must include:

(a) The amount of money provided to the school
district or charter school for special education
for basic support;

(b) Transfers of money from the [school districts] general fund of the school district or charter school needed to
balance the special revenue fund; and

(5) The supplies and equipment needed for
providing special education.

3. Money received from federal sources
must be:

(a) Accounted for separately; and

(b) Excluded from the accounting required
pursuant to this section.

Sec. 32. NRS 387.067 is
hereby amended to read as follows:

387.0671. The state
board [of education] may accept and
adopt regulations or establish policies for the disbursement of money
appropriated and apportioned to the State of Nevada ,[or] the school districts or the charter schools of the State of Nevada by the
Congress of the United States for purposes of elementary and secondary
education.

2. The superintendent of public
instruction shall deposit the money with the state treasurer, who shall make
disbursements therefrom on warrants of the state controller issued upon the
order of the superintendent of public instruction.

3. The state board ,[of education and]any school district within [the]this state and any
governing body of any charter school in this state may, within the
limits provided in this section, make such applications ,[and]agreements and [give such] assurances to the Federal
Government , and conduct such programs as may be
required as a condition precedent to the receipt
of money appropriated by any Act of Congress for purposes of elementary and
secondary education. [Neither the state board of
education nor a school district may enter into]Such an agreement or [give
an assurance which requires the]assurance
must not requirethis state , or aschool district or
governing body to provide money above the amount appropriated or
otherwise lawfully available for that purpose.

Sec. 33. NRS 387.080 is
hereby amended to read as follows:

387.080 1. The state board [of education] may enter into agreements
with any agency of the Federal Government, [with]
any board of trustees of a school district, any
governing body of a charter school or [with]
any other entity or person. The state board may establish policies and
prescribe regulations, authorize the employment of such personnel [,] and take such other action as it [may deem]considers
necessary to provide for the establishment, maintenance, operation and
expansion of any program of nutrition operated by a school district or of any
other such program for which state or federal assistance is provided.

2. The state treasurer shall disburse
federal, state and other money designated for a program of nutrition on
warrants of the state controller issued upon the order of the superintendent of
public instruction pursuant to regulations or policies of the state board.

3. The superintendent of public
instruction may:

(a) Give technical advice and assistance to any
person or entity in connection with the establishment and operation of any
program of nutrition.

(b) Assist in training personnel engaged in the
operation of any program of nutrition.

Sec. 34. NRS 387.090 is
hereby amended to read as follows:

387.090[Boards]The board
of trustees of each school [districts]district
and the governing body of each charter school may:

1. Operate or provide for the operation
of programs of nutrition in the public schools under their jurisdiction.

2. Use therefor money disbursed to them [under]pursuant
to the provisions of NRS 387.070 to 387.105, inclusive, gifts, donations
and other money received from the sale of food under those programs.

3. Deposit the money in one or more
accounts in a bank or banks within the state.

4. Contract with respect to food,
services, supplies, equipment and facilities for the operation of the programs.

Sec. 34.1. NRS 387.121 is
hereby amended to read as follows:

387.121 The legislature declares that the
proper objective of state financial aid to public education is to [insure]ensure
each Nevada child a reasonably equal educational opportunity. Recognizing wide
local variations in wealth and costs per pupil, [the]this state should supplement local financial
ability to whatever extent necessary in each school district to provide
programs of instruction in both compulsory and elective subjects that offer
full opportunity for every Nevada child to receive the benefit of the purposes
for which public schools are maintained. Therefore the quintessence of the
states financial obligation for such programs can be expressed in a formula
partially on a per pupil basis and partially on a per program basis as: State
financial aid to school districts equals the difference between school district basic support
guarantee [minus]and local available funds produced by mandatory taxes [.]minus
all the local funds attributable to pupils who reside in the county but attend
a charter school. This formula is designated the Nevada plan.

Sec. 34.2. NRS 387.1211 is
hereby amended to read as follows:

387.1211 As used in NRS 387.121 to
387.126, inclusive:

1. Average daily attendance means the
total number of pupils attending a particular school each day during a period
of reporting divided by the number of days school is in session during that
period.

2. Enrollment means the count of pupils
enrolled in and scheduled to attend programs of instruction of a school
district or a charter school at a specified time
during the school year.

3. Special education program unit means
an organized instructional unit which includes full-time services of persons
licensed by the superintendent of public instruction providing a program of
instruction in accordance with minimum standards prescribed by the state board.

Sec. 34.3. NRS 387.1221 is
hereby amended to read as follows:

387.1221 1. The basic
support guarantee for any special education program unit maintained and
operated during a period of less than 9 school months is in the same proportion
to the amount established by law for that school year as the period during
which the program unit actually was maintained and operated is to 9 school
months.

2. Any unused allocations for special
education program units may be reallocated to other school districts or charter schools by the superintendent of public
instruction. In such a reallocation, first priority must be given to special
education programs with statewide implications, and second priority must be
given to special education programs maintained and operated [by school districts]within counties whose allocation is less than or equal
to the amount provided by law.

amount provided by law. If there are more unused allocations
than necessary to cover programs of first and second priority but not enough to
cover all remaining special education programs eligible for payment from
reallocations, then payment for the remaining programs must be prorated. If
there are more unused allocations than necessary to cover programs of first
priority but not enough to cover all programs of second priority, then payment
for programs of second priority must be prorated. If unused allocations are not
enough to cover all programs of first priority, then payment for programs of
first priority must be prorated.

3. A school district or a charter school may, after receiving the approval
of the superintendent of public instruction, contract with any person, state
agency or legal entity to provide a special education program unit for pupils
of the district pursuant to NRS 388.440 to 388.520, inclusive.

Sec. 34.4. NRS 387.123 is
hereby amended to read as follows:

387.123 1. The count of
pupils for apportionment purposes includes all [those]pupils who are enrolled in programs of
instruction of the school district or pupils who reside
in the county in which the school district is located and are enrolled in any
charter school for:

(a) Pupils in the kindergarten department.

(b) Pupils in grades 1 to 12, inclusive.

(c) Pupils not included under paragraph (a) or
(b) who are receiving special education pursuant to the provisions of NRS
388.440 to 388.520, inclusive.

(e) Part-time pupils enrolled in classes and
taking courses necessary to receive a high school diploma.

2. The state board [of education] shall establish uniform
regulations for counting enrollment and calculating the average daily
attendance of pupils. In establishing such regulations for the public schools,
the state board:

(a) Shall divide the school year into 10 school
months, each containing 20 or fewer school days.

(b) May divide the pupils in grades 1 to 12,
inclusive, into categories composed respectively of those enrolled in
elementary schools and those enrolled in secondary schools.

(c) Shall prohibit the counting of any pupil
specified in subsection 1 more than once.

3. Except as otherwise provided in subsection 4 and NRS 388.700, the state board [of education] shall establish by
regulation the maximum pupil-teacher ratio in each grade, and for each subject
matter wherever different subjects are taught in separate classes, for each
school district of [the]this state which is consistent with:

(a) The maintenance of an acceptable standard of
instruction;

(b) The conditions prevailing in the school
district with respect to the number and distribution of pupils in each grade;
and

(c) Methods of instruction used, which may
include educational television, team teaching or new teaching systems or
techniques.

If the superintendent of public instruction finds that any
school district is maintaining one or more classes whose pupil-teacher ratio
exceeds the applicable maximum, and unless he finds that the board of trustees
of the school district has made every reasonable effort in good faith to comply
with the applicable standard, he shall, with the approval of the state board,
reduce the count of pupils for apportionment purposes by the percentage which
the number of pupils attending those classes is of the total number of pupils
in the district, and the state board may direct him to withhold the quarterly
apportionment entirely.

4. A charter
school is not required to comply with the pupil-teacher ratio prescribed by the
state board pursuant to subsection 3.

Sec. 34.5. NRS 387.1233 is
hereby amended to read as follows:

387.12331. Except
as otherwise provided in subsection 2, basic support of each school district
must be computed by:

(a) Multiplying the basic support guarantee per
pupil established for that school district for that school year by the sum of:

(1) Six-tenths the count of pupils
enrolled in the kindergarten department on the last day of the first school
month of the school year [.], including, without limitation, the count of pupils who
reside in the county and are enrolled in any charter school.

(2) The count of pupils enrolled in
grades 1 to 12, inclusive, on the last day of the first school month of the
school year [.], including, without limitation, the count of pupils who
reside in the county and are enrolled in any charter school.

(3) The count of pupils not included
under subparagraph (1) or (2) who are receiving special education pursuant to
the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the
first school month of the school year, excluding the count of pupils who have
not attained the age of 5 years and who are receiving special education
pursuant to subsection 1 of NRS 388.490 on that day.

(4) Six-tenths the count of pupils who
have not attained the age of 5 years and who are receiving special education
pursuant to subsection 1 of NRS 388.490 on the last day of the first school
month of the school year.

(5) The count of children detained in detention
homes, alternative programs and juvenile forestry camps receiving instruction
pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day
of the first school month of the school year.

(b) Multiplying the number of special education
program units maintained and operated by the amount per program established for
that school year.

(c) Adding the amounts computed in paragraphs
(a) and (b).

2. If the [sum
of the counts prescribed in paragraph (a) of subsection 1 is less than the sum
similarly obtained for the immediately preceding school year, the larger sum
must be used in computing basic support.]enrollment
of pupils on the last day of the first school month of the school year in a
school district or a charter school is less than the enrollment of pupils in
the same school district or charter school on the last day of the first school
month for the immediately preceding school year, the larger number must be used for purposes of apportioning money from the state
distributive school account to that school district or charter school pursuant
to NRS 387.124.

used for purposes of apportioning money
from the state distributive school account to that school district or charter
school pursuant to NRS 387.124.

3. Pupils who are excused from attendance
at examinations or have completed their work in accordance with the rules of
the board of trustees must be credited with attendance during that period.

4. Pupils who are incarcerated in a
facility or institution operated by the department of prisons must not be
counted for the purpose of computing basic support pursuant to this section.
The average daily attendance for such pupils must be reported to the department
of education.

5. Part-time pupils who are enrolled in
courses which are approved by the department as meeting the requirements for an
adult to earn a high school diploma must not be counted for the purpose of
computing basic support pursuant to this section. The average daily attendance
for such pupils must be reported to the department.

Sec. 34.6. NRS 387.124 is
hereby amended to read as follows:

387.124 1. On or
before August 1, November 1, February 1 and May 1 of each year, the
superintendent shall apportion the state distributive school account in the
state general fund among the several county school districts and charter schools in amounts approximating one-fourth
of their respective yearly apportionments less any amount set aside as a
reserve. [Apportionment]The apportionmentto a school
district, computed on a yearly basis , equals
the difference between the basic support and the local funds available [.]pursuant to
NRS 387.1235, minus all the funds attributable to pupils who reside in the
county but attend a charter school. No apportionment may be made to a school district if the amount of the local funds
exceeds the amount of basic support. The apportionment
to a charter school, computed on a yearly basis, is equal to the sum of the
basic support per pupil in the county in which the pupil resides plus the
amount of local funds available per pupil pursuant to NRS 387.1235 and all
other funds available for public schools in the county in which the pupil
resides. If the apportionment per pupil to a charter school is more than the
amount to be apportioned to the school district in which a pupil who is
enrolled in the charter school resides, the school district in which the pupil
resides shall pay the difference directly to the charter school.

2. If the state controller finds that
such an action is needed to maintain the balance in the state general fund at a
level sufficient to pay the other appropriations from it, he may pay out the
apportionments monthly, each approximately one-twelfth of the yearly
apportionment less any amount set aside as a reserve. If such action is needed,
the state controller shall submit a report to the department of administration
and the fiscal analysis division of the legislative counsel bureau documenting
reasons for the action.

Sec. 34.7. NRS 387.1243 is
hereby amended to read as follows:

387.1243 1. The first
apportionment based on an estimated number of pupils and special education
program units and succeeding apportionments are subject to adjustment from time
to time as the need therefor may appear.

2. A final adjustment must be computed as
soon as practicable following the close of the school year, but not later than
August 25. The final computation must be based upon the actual counts of pupils
required to be made for the computation of basic support
and the limits upon the support of special education programs, except that for
any year when the total enrollment of pupils and children described in
paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the
last day of any school month after the second school month and the increase in
enrollment shows at least:

be made for the computation of basic support and the limits
upon the support of special education programs, except that for any year when
the total enrollment of pupils and children described in paragraphs (a), (b),
(c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any
school month after the second school month and the increase in enrollment shows
at least:

(a) A 3 percent gain, basic support as computed
from first month enrollment must be increased by 2 percent.

(b) A 6 percent gain, basic support as computed
from first month enrollment must be increased by an additional 2 percent.

3. If the final computation of
apportionment for any school district or charter school exceeds
the actual amount paid to the school district or charter
school during the school year, the additional amount due must be paid
before September 1. If the final computation of apportionment for any school
district or charter school is less than the
actual amount paid to the school district or charter
school during the school year, the difference must be repaid to the
state distributive school account in the state general fund by the school district
or charter school before September 25.

Sec. 34.8. NRS 387.126 is
hereby amended to read as follows:

387.126 The superintendent of public
instruction may in his discretion and shall when so directed by the state board
[of education] verify by independent
audit or other suitable examination the reports of enrollment and daily
attendance submitted by any school district or charter
school for apportionment purposes.

Sec. 34.9. NRS 387.175 is
hereby amended to read as follows:

387.175 The county school district fund
is composed of:

1. All local taxes for the maintenance
and operation of [kindergartens, elementary
schools and high]public schools.

2. All money received from the Federal
Government for the maintenance and operation of public schools.

3. Apportionments by [the]this
state as provided in NRS 387.124.

4. Any other receipts, including gifts,
for the operation and maintenance of the public schools in the county school
district.

Sec. 35.1. NRS 387.185 is
hereby amended to read as follows:

387.1851. Except as
otherwise provided in subsection 2, all school money due each county school
district must be paid over by the state treasurer to the county treasurer on
August 1, November 1, February 1 and May 1 of each year or as soon thereafter
as the county treasurer may apply for it, upon the warrant of the state
controller drawn in conformity with the apportionment of the superintendent of
public instruction as provided in NRS 387.124.

2. If the board of trustees of a school
district establishes and administers a separate account pursuant to the
provisions of NRS 354.603, all school money due [to]
that school district must be paid over by the state treasurer to the school
district on August 1, November 1, February 1 and May 1 of each year or as soon
thereafter as the school district may apply for it, upon the warrant of the
state controller drawn in conformity with the apportionment of the
superintendent of public instruction as provided in NRS 387.124.

3. No county school district may receive
any portion of the public school money unless that school district has complied
with the provisions of this Title and regulations adopted pursuant thereto.

4. All school
money due each charter school must be paid over by the state treasurer to the
governing body of the charter school on August 1, November 1, February 1 and
May 1 of each year or as soon thereafter as the governing body may apply for
it, upon the warrant of the state controller drawn in conformity with the
apportionment of the superintendent of public instruction as provided in NRS
387.124.

Sec. 35.2. NRS 387.205 is
hereby amended to read as follows:

387.205 1. Money on deposit
in the county school district fund or in a separate account, if the board of
trustees of a school district has elected to establish such an account [under]pursuant
to the provisions of NRS 354.603, must be used for:

(a) Maintenance and operation of the public schools [.]controlled by the county school district.

(b) Payment of premiums for Nevada industrial
insurance.

(c) Rent of schoolhouses.

(d) Construction, furnishing or rental of
teacherages, when approved by the superintendent of public instruction.

(e) Transportation of pupils, including the
purchase of new buses.

(f) Programs of nutrition, if such expenditures
do not curtail the established school program or make it necessary to shorten
the school term, and each pupil furnished lunch whose parent or guardian is
financially able so to do pays at least the actual cost of the lunch.

2. Money on deposit in the county school
district fund, or in a separate account, if the board of trustees of a school
district has elected to establish such an account [under]pursuant to the provisions of NRS 354.603, when
available, may be used for:

(a) Purchase of sites for school facilities.

(b) Purchase of buildings for school use.

(c) Repair and construction of buildings for
school use.

Sec. 35.5. NRS 388.020 is
hereby amended to read as follows:

388.020 1. An elementary
school is a public school in which no grade work is given above that included
in the eighth grade, according to the regularly adopted state course of study.

2. A junior high or middle school is a
public school in which the sixth, seventh, eighth and ninth grades are taught
under a course of study prescribed and approved by the state board . [of education.]The school is an elementary or secondary school for the purpose of
teachers certifications.

3. A high school is a public school in
which subjects above the eighth grade, according to the state course of study,
may be taught. The school is a secondary school for the purpose of teachers
certifications.

4. A special school is an organized unit
of instruction operating with approval of the state board . [of education.]

5. A
charter school is a public school that is formed pursuant to the provisions of
sections 8 to 31, inclusive, of this act.

Sec. 36. NRS 388.040 is
hereby amended to read as follows:

388.040 [In
any]

1. Except
as otherwise provided in subsection 2, the board of trustees of a school
district [having and maintaining] which includes more than one school [offering]that
offers instruction in the same grade or grades [,
the board of trustees shall have the power to]may zone the school district and [to] determine which pupils shall attend
each school.

2. The
establishment of zones pursuant to subsection 1 does not preclude a pupil from
attending a charter school.

Sec. 37. NRS 388.150 is
hereby amended to read as follows:

388.1501. No books,
tracts or papers of a sectarian or denominational character [shall]may be
used or introduced in any public school established [under]pursuant to the provisions of this Title of NRS,
nor [shall]may
any sectarian or denominational doctrines be taught in any public school.

2. Any school district or charter school whose officers knowingly allow any
public schools to be taught in violation of this section forfeits all right to
any public school funds.

Sec. 38. NRS 388.367 is
hereby amended to read as follows:

388.367 1. There is hereby
created in the state treasury the fund for the improvement of occupational
education to be administered by the state board .[of education.] The interest and
income earned on the money in the fund, after deducting any applicable charges,
must be credited to the fund.

2. Money in the fund must be used for the
program to provide pupils with the skills to make the transition from school to
work adopted pursuant to NRS 388.368.

3. Money in the fund must not be:

(a) Considered in negotiations between a
recognized organization of employees of a school district and the school
district; or

(b) Used to reduce the amount of money which
would otherwise be made available for occupational education in the absence of
this section.

(a) Twenty-five thousand
dollars to each school district and community college whose application
to participate in the program adopted pursuant to NRS 388.368 is approved by
the state board .[of
education. The remaining]

(b) Not more than
$25,000 to each charter school whose application to participate in the program
adopted pursuant to NRS 388.368 is approved by the state board.

5. Any money
remaining after the allocations made pursuant to
subsection 4 must be allocated to:

(a) School districts with approved applications
in proportion to the total number of pupils enrolled in grades 7 [through]to
12, inclusive, within the district on the last day of the first month of the
school year preceding the school year for which the money is being provided; [and]

(b) Charter schools with
approved applications in proportion to the total number of pupils enrolled in
grades 7 to 12, inclusive, within the charter school
on the last day of the first month of the school year preceding the school year
for which the money is being provided; and

school on the last day of the first
month of the school year preceding the school year for which the money is being
provided; and

(c) Community
colleges with approved applications in proportion to the total number of
full-time students enrolled on October 15 of the school year preceding the
school year for which the money is being provided.

Sec. 39. NRS 388.368 is
hereby amended to read as follows:

388.368 1. The state
board [of education] shall adopt a
comprehensive program to provide pupils with the skills to make the transition
from school to work. The state board [of
education] shall develop, implement and review the program with
the assistance of the assisting agencies and the business community that will
be included in the partnerships established pursuant to paragraph (a) of
subsection 3.

2. The program to provide pupils with the
skills to make the transition from school to work must be designed to achieve
the following objectives:

(a) To provide all pupils with an equal
opportunity to learn about and explore various career options before the
completion of middle school.

(b) To provide career counseling for all pupils
during the 9th and 10th grades.

(c) To provide all pupils with an equal
opportunity to achieve high academic standards and to obtain training in
occupations that earn high wages.

(e) To adopt a system for issuing certificates
of technical or vocational proficiency.

(f) To adopt a curriculum and a system to allow pupils
and students to participate in educational activities in the workplace.

(g) To provide all pupils with programs of job
training and placement or programs for preparation for postsecondary education
during the 12th grade.

(h) To strengthen the relationship [between]among
the business community ,[and]
school districts and charter schools to promote
job training and internships.

(i) To encourage statewide participation in the
program.

(j) To meet the continuing educational and
developmental needs of teachers and employees of the school district [.]and charter
schools.

(k) To adopt a process to evaluate the program
and to integrate improvements into the program.

3. To be eligible to receive funding for
and to participate in the program established pursuant to this section, a
school district , a charter school or a community
college must submit to the state board [of
education] an application that includes:

(a) A description of the partnership between the
school district , charter school or community
college and the business community that will be established to carry out the
program adopted pursuant to this section. The partnership must consist of
employers, representatives of local educational agencies, local postsecondary
educational institutions, representatives of labor
organizations, pupils, parents and persons representing rehabilitation,
employment and training services.

(b) A plan that describes how the partnership
will carry out the objectives of the program, including specific requirements
for periodic review and approval by the members of the partnership representing
the business community of the means of obtaining those objectives. The members
of the partnership who perform the periodic review shall make a determination
of whether the program is actually improving the participants skills to make
the transition from school to work. The members of the partnership who perform
the periodic review must include employers who are likely to hire pupils who
complete the program as well as other employers who are active in the
establishment of programs for job training and placement.

(c) A description of an annual evaluation to be
conducted by the partnership and used to measure the success of the program.
The results of the evaluation must be submitted to the state board [of education] and contain specific
comments from the members of the partnership representing the business
community regarding the effectiveness of the program in producing pupils who
are ready for employment in the workplace.

(d) Other information the state board [of education] may require to determine
the eligibility of the school district or the charter
school to participate in the program.

4. The state board ,[of education,]after consultation with the assisting agencies, shall submit a report
containing its findings, conclusions and recommendations regarding the program
adopted pursuant to this section to each session of the legislature.

5. As used in this section, assisting
agencies means the commission on economic development, the department of
employment, training and rehabilitation, the welfare division of the department
of human resources, the department of information services, the state
industrial insurance system, the division of state library and archives of the department
of museums, library and arts and the University and Community College System of
Nevada.

Sec. 40. NRS 388.390 is
hereby amended to read as follows:

388.390 [When]If the board of trustees of a school district[has organized]or the governing body of a charter school organizes
a school or classes for occupational education in accordance with the
regulations adopted by the state board for occupational education and the
school or classes have been approved by the executive officer of the state
board for occupational education, the school district or
the charter school is entitled to share in federal and state money
available for the promotion of occupational education in the amount determined
by the executive officer of the state board for occupational education, in
accordance with the regulations and policies of the board.

Sec. 41. NRS 388.520 is
hereby amended to read as follows:

388.520 1. The state board [of education] shall prescribe minimum
standards for the special education of pupils with disabilities and gifted and
talented pupils.

2. [Prescribed]The minimum standards prescribed
by the state board must include standards for programs of instruction or
special services maintained for the purpose of serving pupils with:

(a) Hearing impairments, including, but not
limited to, deafness.

(b) Visual impairments, including, but not
limited to, blindness.

(c) Orthopedic impairments.

(d) Speech and language impairments.

(e) Mental retardation.

(f) Multiple impairments.

(g) Serious emotional disturbances.

(h) Other health impairments.

(i) Specific learning disabilities.

(j) Autism.

(k) Traumatic brain injuries.

(l) Developmental delays.

(m) Gifted and talented abilities.

3. No apportionment of state money may be
made to any school district or charter school for
the instruction of pupils with disabilities and gifted and talented pupils
until the program of instruction maintained therein for such pupils is approved
by the superintendent of public instruction as meeting the [prescribed] minimum standards [.]prescribed by
the state board.

Sec. 42. NRS 389.015 is
hereby amended to read as follows:

389.0151. The
board of trustees of each school district shall administer examinations in all
public schools [within its district to]of the school district. The governing body of a charter
school shall administer the same examinations in the charter school. The
examinations administered by the board of trustees and governing body must
determine the achievement and proficiency of pupils in:

(a) Reading;

(b) Writing; and

(c) Mathematics.

2. The examinations required by
subsection 1 must be:

(a) Administered before the completion of grades
4, 8 and 11.

(b) Administered in each school district and each charter school at the same time. The time for
the administration of the examinations must be prescribed by the state board.

(c) Scored by a single private entity that has
contracted with the state board to score the examinations. The entity shall
report the results of the examinations in the form required by the department.

3. Different standards of proficiency may
be adopted for pupils with diagnosed learning disabilities.

4. If a pupil fails to demonstrate
adequate achievement on the examination administered before the completion of
grade 4 or 8, he may be promoted to the next higher grade, but the results of
his examination must be evaluated to determine what remedial study is
appropriate. If a pupil fails to pass the proficiency examination administered
before the completion of grade 11, he must not be graduated until he is able,
through remedial study, to pass the proficiency examination, but he may be
given a certificate of attendance, in place of a diploma, if he has reached the
age of 17 years.

5. The state board shall prescribe
standard examinations of achievement and proficiency to be administered
pursuant to subsection 1. The examinations on reading and mathematics
prescribed for grades 4 and 8 must be selected from examinations created by
private entities and administered to a national reference group, and must allow
for a comparison of the achievement and proficiency of pupils in grades 4 and 8
in this state to that of a national reference group of pupils in grades 4 and
8. The questions contained in the examinations and the approved answers used
for grading them are confidential, and disclosure is unlawful except:

(a) To the extent necessary for administering
and evaluating the examinations.

(b) That a disclosure may be made to a state
officer who is a member of the executive or legislative branch to the extent
that it is related to the performance of that officers duties.

(c) That specific questions and answers may be
disclosed if the superintendent of public instruction determines that the
content of the questions and answers is not being used in a current examination
and making the content available to the public poses no threat to the security
of the current examination process.

Sec. 43. NRS 389.017 is
hereby amended to read as follows:

389.017 The state board [of education] shall prescribe
regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to
the superintendent of public instruction, in the form and manner prescribed by
the superintendent, the results of achievement and proficiency examinations
given in the 4th, 8th and 11th grades [of]to public school pupils [in]of the district [.]and charter schools. The state board shall not
include in the regulations any provision which would violate the
confidentiality of the test scores of any individual pupil.

Sec. 43.1. NRS 389.085 is
hereby amended to read as follows:

389.085 1. The automobile
driver education program is hereby established [for
the purpose of assisting]to assist
school districts and charter schools in this
state which establish and maintain automobile driver education classes. Money
for the automobile driver education program [shall]must be provided by direct legislative
appropriation.

2. The state board [of education] may direct the
superintendent of public instruction to make semiannual apportionments, payable
on or before February 1 and July 1 of each year, to the several school
districts [.]and charter schools. The semiannual apportionment made
on or before February 1 [shall]must be made on the basis of $15 times the number of
estimated pupil completions in the district and charter
schools during the current school year, which [shall]must be estimated by the superintendent. The
semiannual apportionment made on or before July 1 [shall]must be made on the basis of $35 times the actual
number of pupil completions in the district and charter
schools during the current year, less any amount previously apportioned
to the district or charter school for estimated
pupil completions during the current school year.

3. If the money available for the
automobile driver education program is not sufficient to make full current
school year apportionments, [so determined under]as determined pursuant to subsection 2,
apportionment payments to the various school districts
[shall] and charter schools must be prorated so that each school district and
charter school is apportioned the same amount per pupil completion, such amount
to be derived by dividing the total money available by the total number of
completions during the current school year.

payments to the various school districts[shall]and charter schools must be prorated so that each
school district and charter school is apportioned
the same amount per pupil completion, such amount to be derived by dividing the
total money available by the total number of completions during the current
school year.

4. Money received by school districts and charter schools for the automobile driver education
program must not be expended for the purchase or repair of motor vehicles or
the purchase or repair of automobile driver education training equipment.

Sec. 43.3. NRS 389.090 is
hereby amended to read as follows:

389.0901. The
state board [of education] shall
adopt regulations governing the establishment, conduct and scope of automobile
driver education in the public schools of this state.

2. The aims and purposes of automobile
driver education are to develop the knowledge, attitudes, habits and skills
necessary for the safe operation of motor vehicles.

3. The board of trustees of a school
district may establish and maintain automobile driver education classes during
regular semesters and summer sessions and during the regular school day and at
times other than during the regular school day for:

(a) Pupils enrolled in the regular full-time day
high schools in the school district.

(b) Pupils enrolled in summer classes conducted
in high schools in the school district.

[4.]

A board of trustees maintaining courses in automobile driver
education shall insure against any liability arising out of the use of motor
vehicles in connection with those courses. The cost of the insurance must be
paid from available school district funds.

4. A governing
body of a charter schoolmay establish and
maintain automobile driver education classes if the governing body insures
against any liability arising out of the use of motor vehicles in connection
with those courses.

5. Automobile driver education must be
provided by boards of trustees of school districts and
governing bodies of charter schools in accordance with the regulations of the state board [of education] and may not be duplicated
by any other agency, department, commission or officer of the State of Nevada.

6. Each course in automobile driver
education provided by a board of trustees of a school district or a governing body of a charter school must include,
without limitation, instruction in motor vehicle insurance.

Sec. 43.5. NRS 389.100 is
hereby amended to read as follows:

389.1001. The
legislature finds as facts:

(a) That the successful completion of an
approved automobile driver education course by a pupil offers a direct
financial benefit to his parents or other responsible adult through the reduction
of insurance premiums.

(b) That the imposition of a laboratory fee as a
prerequisite to an elective course in driver education does not violate the
requirements of article 11 of the constitution of the State of Nevada.

2. The board of trustees of any school
district and the governing body of any charter school may
establish a laboratory fee to be charged each pupil enrolling for an automobile
driver education course which must not exceed the actual cost per pupil of
providing the laboratory portion of the course.

Sec. 44. NRS 390.140 is
hereby amended to read as follows:

390.140 1. The state board [of education] shall make the final
selection of all textbooks to be used in the public schools in this state [.], except for
charter schools.

2. A textbook must not be selected by the state board pursuant to subsection 1 for use in
the public schools in classes in literature, history or social sciences unless
it accurately portrays the cultural and racial diversity of our society,
including lessons on the contributions made to our society by men and women
from various racial and ethnic backgrounds.

Sec. 45. NRS 390.220 is
hereby amended to read as follows:

390.220 Boards of trustees of school
districts in this state shall enforce in the public schools
, excluding charter schools, the use of textbooks
prescribed and adopted by the state board .[of education.]

Sec. 46. NRS 390.230 is
hereby amended to read as follows:

390.230 1. [The]Except as
otherwise provided in subsection 2, the textbooks adopted by the state
board [of education] must be used
in the public schools in [the]this state , and no other
books may be used as basic textbooks.

2. This section does not prohibit:

(a) The continued use of such textbooks
previously approved until they become unserviceable.

(b) The use of supplemental textbooks purchased
by a school district with the approval of the superintendent of public
instruction.

(c) After approval by the state board, the
temporary use of textbooks for tryout purposes.

(d) A charter school from
using textbooks other than those adopted for use by the state board.

3. Any school officer or teacher who
violates the provisions of this chapter, or knowingly fails to follow the
regulations of the state board relating to use of textbooks shall be punished
by a fine of not more than $250.

4. All superintendents, principals,
teachers and school officers are charged with the execution of this section.

Sec. 47. NRS 391.045 is
hereby amended to read as follows:

391.045 The superintendent of public
instruction shall file with the clerk of the board of trustees of each local
school district a directory of all teachers and other educational personnel [who hold licenses entitling them], including, without limitation, teachers and educational
personnel employed by a charter school pursuant to sections 26 and 27 of this
act, who are entitled to draw salaries from the county school district
fund, and shall advise the clerk from time to time of any changes or additions
to the directory.

1. Except
as otherwise provided in subsection 2, a teacher or other employee for
whom a license is required is not entitled to receive any portion of public
money for schools as compensation for services rendered unless:

[1.](a) He is legally employed by the board of
trustees of the school district in which he is teaching or performing other
educational functions.

[2.](b) He has a license authorizing him to teach or
perform other educational functions at the level and in the field for which he
is employed, issued in accordance with law and in full force at the time the
services are rendered.

2. The provisions
of subsection 1 do not prohibit the payment of public money to teachers or
other employees who are employed by a charter school pursuant to the provisions
of sections 26 and 27 of this act.

Sec. 49. NRS 391.180 is
hereby amended to read as follows:

391.180 1. As used in this
section, employee means any employee of a school district or charter school in this state.

2. A school month in any public school in
this state consists of 4 weeks of 5 days each.

3. Nothing contained in this section
prohibits the payment of employees compensation in 12 equal monthly payments
for 9 or more months work.

4. The per diem deduction from the salary
of an employee because of absence from service for reasons other than those
specified in this section is that proportion of the yearly salary which is
determined by the ratio between the duration of the absence and the total
number of contracted work days in the year.

5. Boards of trustees shall either
prescribe by regulation or negotiate pursuant to chapter 288 of NRS, with
respect to sick leave, accumulation of sick leave, payment for unused sick
leave, sabbatical leave, personal leave, professional leave, military leave and
such other leave as they determine to be necessary or desirable for employees.

6. The salary of any employee unavoidably
absent because of personal illness or accident, or because of serious illness,
accident or death in the family, may be paid up to the number of days of sick
leave accumulated by the employee. An employee may not be credited with more
than 15 days of sick leave in any 1 school year. Except as otherwise provided
in this subsection, if an employee [of a school
district] takes a position with another school district [,]or charter
school, all sick leave that he has accumulated must be transferred from
his former school district or charter school to
his new school district [.]or charter school. The amount of sick leave so
transferred may not exceed the maximum amount of sick leave which may be
carried forward from one year to the next according to the applicable
negotiated agreement or the policy of the district or
charter school into which the employee transferred. Unless the
applicable negotiated agreement or policy of the employing district or charter school provides otherwise, such an employee:

(a) Shall first use the sick leave credited to
the employee from the district or charter school into
which he transferred before using any of the transferred leave; and

(b) Is not entitled to compensation for any sick
leave transferred pursuant to this subsection.

7. Subject to the provisions of
subsection 8:

(a) If an intermission of less than 6 days is
ordered by the board of trustees of a school district or
the governing body of a charter school for any good reason, no deduction
of salary may be made therefor.

(b) If , on
account of sickness, epidemic or other emergency in the community, a longer
intermission is ordered by the board of trustees of a
school district, the governing body of a charter school or [by] a board of health and the
intermission or closing does not exceed 30 days at any one time, there may be
no deduction or discontinuance of salaries.

8. If the board of trustees of a school district or the governing body of a charter school
orders an extension of the number of days of school to compensate for
the days lost as the result of an intermission because of those reasons
contained in paragraph (b) of subsection 7, an employee may be required to
render his services to the school district or charter
school during that extended period. If the salary of the employee was
continued during the period of intermission as provided in subsection 7, the
employee is not entitled to additional compensation for services rendered
during the extended period.

9. If any subject referred to in this
section is included in an agreement or contract negotiated
by [the] :

(a) The board of
trustees of a school district pursuant to chapter 288 of NRS [,]; or

(b) The governing body of
a charter school pursuant to section 27 of this act,

the provisions of the agreement or
contract regarding that subject supersede any conflicting provisions of
this section or of a regulation of the board of trustees.

Sec. 50. NRS 391.260 is
hereby amended to read as follows:

391.260 [Every]

1. Except
as otherwise provided in subsection 2, each teacher in the public
schools shall enforce the course of study as prescribed by law, the use of
legally authorized textbooks, and the rules and regulations prescribed for
teachers and schools.

2. The provisions
of subsection 1 do not prohibit a charter school from:

(a) Offering courses of
study other than the courses of study prescribed by law;

(b) Using textbooks other
than the textbooks that are legally authorized for use in the school district;
or

(c) Enforcing rules and
regulations other than the rules and regulations prescribed.

Sec. 51. NRS 392.125 is
hereby amended to read as follows:

392.125 1. [Before]Except as
otherwise provided in subsection 4, before any pupil enrolled in a
public school may be retained in the same grade rather than promoted to the
next higher grade for the succeeding school year, the
pupils teacher and principal must make a reasonable effort to arrange a
meeting and to meet with his parents or guardian to discuss the reasons and
circumstances.

school year, the pupils teacher and principal must make a
reasonable effort to arrange a meeting and to meet with his parents or guardian
to discuss the reasons and circumstances.

2. The teacher and the principal in joint
agreement have the final authority to retain a pupil in the same grade for the
succeeding school year.

3. No pupil may be retained more than one
time in the same grade.

4. This section
does not apply to the academic retention of pupils who are enrolled in a
charter school.

Sec. 52. NRS 392.160 is
hereby amended to read as follows:

392.1601. Any peace
officer, the attendance officer, or any other school officer shall, during
school hours, take into custody without warrant:

(a) Any child between the ages of 7 and 17
years; and

(b) Any child who has arrived at the age of 6
years but not at the age of 7 years and is enrolled in a public school,

who has been reported to him by the teacher, superintendent
of schools or other school officer as an absentee from instruction upon which
he is lawfully required to attend.

2. Except as otherwise provided in
subsection 3:

(a) During school hours, the officer having
custody shall forthwith deliver the child to the superintendent of schools,
principal or other school officer at the childs school of attendance.

(b) After school hours, [he]the officer having custody shall deliver the
child to the parent, guardian or other person having control or charge of the
child.

3. The board of trustees of a school
district or the governing body of a charter school may
enter into an agreement with a counseling agency to permit delivery of the
child to the agency. For the purposes of this subsection, counseling agency
means an agency designated by the school district in which the child is
enrolled to provide counseling for the child and the parent, guardian or other
person having control or charge of the child.

Sec. 53. NRS 392.165 is
hereby amended to read as follows:

392.165 1. The board of
trustees of a school district and the governing body of
a charter school shall not allow a child to be permanently enrolled in
any school in the district or any charter school until
the parent or guardian of the child furnishes a birth certificate or other
document suitable as proof of the childs identity and, if applicable, a copy
of the childs records from the school he most recently attended.

2. Except as otherwise provided in
subsection 3, a child must be enrolled in a school under his name as it appears
in the identifying document or records required by subsection 1, unless the
parent or guardian furnishes a court order or decree authorizing a change of
name or directing the board of trustees of the school district or the governing body of a charter school to enroll the
child under a name other than the name which appears in the identifying
document or records.

3. A child who is in the custody of the
division of child and family services of the department of human resources may
be enrolled in a school under a name other than the name which appears in the
identifying document or records required by subsection 1 if the court
determines that to do so would be in the best interests of the child.

4. If the parent or guardian fails to
furnish the identifying document or records required by subsection 1 within 30
days after the child is conditionally enrolled, the principal ,[or]
superintendent or governing body of a charter school shall
notify the local law enforcement agency and request a determination as to
whether the child has been reported as missing.

Sec. 54. NRS 392.167 is
hereby amended to read as follows:

392.167A parent or guardian who
has legal custody of a child may petition the appropriate district court for an
order directing the board of trustees of a school district or the governing body of a charter school to enroll
that child in a public school within that district under a name other than the
name which appears in the identifying document or records required by
subsection 1 of NRS 392.165. Except as otherwise provided by specific statute,
the court shall issue the order if it determines that to do so would be in the
best interests of the child.

Sec. 55. NRS 392.170 is
hereby amended to read as follows:

392.170 Upon the written complaint of any
person, the board of trustees of a school district or
the governing body of a charter school shall:

1. Make a full and impartial
investigation of all charges against parents, guardians or other persons having
control or charge of any child, for violation of any of the provisions of NRS
392.130 to 392.160, inclusive, or 392.040 to 392.110, inclusive.

2. Make and file a written report of the
investigation and the findings thereof in the records of the board.

Sec. 56. NRS 392.180 is
hereby amended to read as follows:

392.180If it appears upon
investigation that any parent, guardian or other person having control or
charge of any child has violated any of the provisions of NRS 392.130 to
392.160, inclusive, or 392.040 to 392.110, inclusive, the clerk of the board of
trustees, except as otherwise provided in NRS
392.190, or the governing body of a charter school in
which the child is enrolled, shall make and file in the proper court a
criminal complaint against the parent, guardian or other person, charging the
violation, and shall see that the charge is prosecuted by the proper authority.

Sec. 57. NRS 392.430 is
hereby amended to read as follows:

392.430[The]

1. Except
as otherwise provided in subsection 2, the board of trustees of a school
district [shall have power:

1. To make]may:

(a) Adopt and
enforce [necessary] regulations that are necessary for sanitation in the public schools
and [to prevent]for the prevention of the spread of contagious and
infectious diseases therein.

[2. To
expend]

(b) Spendmoney available in the school district [funds] to enforce the regulations among indigent
children.

2. The governing
body of a charter school may:

(a) Adopt and enforce
rules that are necessary for sanitation in the charter school and for the
prevention of contagious and infectious diseases; and

392.435 1. Unless excused
because of religious belief or medical condition, a child may not be enrolled
in a public school within this state unless his parents or guardian submit to
the board of trustees of the school district in which the child resides or the governing body of the charter school in which the child
has been accepted for enrollment a certificate stating that the child
has been immunized and has received proper boosters for that immunization or is
complying with the schedules established by regulation pursuant to NRS 439.550
for the following diseases:

(a) Diphtheria;

(b) Tetanus;

(c) Pertussis if the child is under 6 years of
age;

(d) Poliomyelitis;

(e) Rubella;

(f) Rubeola; and

(g) Such other diseases as the local board of
health or the state board of health may determine.

2. The certificate must show that the
required vaccines and boosters were given and must bear the signature of a
licensed physician or his designee or a registered nurse or his designee,
attesting that the certificate accurately reflects the childs record of
immunization.

3. If the requirements of subsection 1
can be met with one visit to a physician or clinic, procedures for conditional
enrollment do not apply.

4. A child may enter school conditionally
if the parent or guardian submits a certificate from a physician or local
health officer that the child is receiving the required immunizations. If a
certificate from the physician or local health officer showing that the child
has been fully immunized is not submitted to the appropriate school officers
within 90 school days after the child was conditionally admitted, the child
must be excluded from school and may not be readmitted until the requirements
for immunization have been met. A child who is excluded from school pursuant to
this section is a neglected child for the purposes of NRS 432.100 to 432.130,
inclusive, and chapter 432B of NRS.

5. Before December 31 of each year, each
school district and the governing body of each charter
school shall report to the health division of the department of human
resources, on a form furnished by the division, the exact number of pupils who
have completed the immunizations required by this section.

6. The certificate of immunization must
be included in the pupils academic or cumulative record and transferred as
part of that record upon request.

Sec. 59. NRS 392.437 is
hereby amended to read as follows:

392.437 A public school shall not refuse
to enroll a child as a pupil because [such]the child has not been immunized pursuant to NRS
392.435 if the parents or guardian of [such child
have]the child has submitted to
the board of trustees of the school district or the
governing body of a charter school in which the child has been accepted for
enrollment a written statement indicating that their religious belief
prohibits immunization of such child or ward.

392.439 If the medical condition of a
child will not permit him to be immunized to the extent required by NRS 392.435
[,]and
a written statement of this fact is signed by a
licensed physician and [presented to the board of
trustees] by the parents or guardian of [such]the child , the board of
trustees of the school district or governing body of the charter school in
which the child has been accepted for enrollment shall exempt [such]the
child from all or part of the provisions of NRS 392.435, as the case may be,
for enrollment purposes.

Sec. 61. NRS 392.443 is
hereby amended to read as follows:

392.443 If, after a child has been
enrolled in a public school and before registration for any subsequent school
year additional immunization requirements are provided by law, the childs
parents or guardian shall submit an additional certificate or certificates to
the board of trustees or the governing body of the
charter school in which the child is enrolled stating that [such]the
child has met the new immunization requirements.

Sec. 62. NRS 392.446 is
hereby amended to read as follows:

392.446 Whenever the state board of
health or a local board of health determines that there is a dangerous
contagious disease in a public school attended by a child for whom exemption
from immunization is claimed pursuant to the provisions of NRS 392.437 or
392.439, the board of trustees of the school district or
the governing body of the charter school in which the child is enrolled shall
require either:

1. That the child be immunized; or

2. That he remain outside the school
environment and the local health officer be notified.

Sec. 63. NRS 392.450 is
hereby amended to read as follows:

392.450 1. The board of
trustees of [a]each school district and the
governing body of each charter school shall provide drills for the
pupils in the schools in the school district or the
charter schools at least once [a]each month during the school year to instruct
those pupils in the appropriate procedures to be followed in the event of a
fire or other emergency. Not more than three of those drills may include
instruction in the appropriate procedures to be followed in the event of a
chemical explosion, related emergencies and other natural disasters.

2. In all cities or towns which have
regularly organized, paid fire departments or voluntary fire departments, the
drills required by subsection 1 must be conducted under the supervision of the:

(a) Person designated for this purpose by the
board of trustees of the school district [;]or the governing body of a charter school; and

(b) Chief of the fire department of the city or
town.

3. A diagram of the approved escape route
and any other information related to the drills which is approved by the chief
of the fire department or, if there is no fire department, the state fire
marshal must be kept posted in every classroom of every public school by the
principal or teacher in charge thereof.

4. The principal, teacher or other person
in charge of each school building shall cause the provisions of this section to
be enforced.

392.4551. If a
school district or a charter school has
established classes in occupational education, the teachers and pupils in those
classes must wear devices provided by the school district or the charter school which are designed to protect
their eyes while they are using power tools, torches or other dangerous
equipment or machinery.

2. The teachers and pupils in classes in
science must wear devices provided by the school district which are designed to
protect their eyes when chemicals or toxic substances are used in those
classes.

Sec. 65. 1. On
or before February 1, 2001, the state board of education shall submit a written
report to the:

(a) Governor; and

(b) Director of the legislative counsel bureau
for transmission to the senate standing committee on human resources and
facilities and the assembly standing committee on education.

2. The written report must evaluate the
progress of charter schools in this state in improving the system of public
education and achieving the educational goals and objectives set forth in the
written charters of each charter school. In evaluating the progress of charter
schools, the state board shall compare the educational performance of pupils
who are enrolled in charter schools with the performance of pupils who are from
similar ethnic and economic backgrounds and who are not enrolled in charter
schools. The evaluation must include a fiscal analysis based on total per pupil
expenditures in the public school system.

Sec. 66. A charter school
that is formed pursuant to the provisions of sections 8 to 31, inclusive, of
this act, shall not commence operations before the 1997-1998 school year.

Sec. 67. The amendatory
provisions of this act do not apply to offenses that are committed before the
effective date of this act.

Sec. 68. The provisions of
subsection 1 of NRS 354.599 do not apply to any additional expenses of a local
government that are related to the provisions of this act.

Sec. 69. This act becomes
effective upon passage and approval.

________

κ1997
Statutes of Nevada, Page 1879κ

CHAPTER 481, AB 3

Assembly Bill No.
3Assemblywoman Segerblom

CHAPTER 481

AN ACT relating to public highways; urging
the department of transportation to cooperate with other entities in
determining the feasibility of constructing a sound barrier alongside a certain
portion of U.S. Highway No. 515 in Henderson; and providing other matters properly
relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The Nevada
Legislature hereby urges the department of transportation and the city of
Henderson, in cooperation with other affected local governmental entities, to:

1. Determine the feasibility of
constructing a wall to function as a sound barrier along both sides of U.S.
Highway No. 515 in Henderson, Nevada, between Lake Mead Boulevard and the
Boulder Highway; and

2. If it is determined that the
construction of such a sound barrier is feasible, complete the construction of
the sound barrier in a timely and cost-effective manner.

Sec. 2. This act becomes
effective on July 1, 1997.

________

κ1997
Statutes of Nevada, Page 1880κ

CHAPTER 482, AB 366

Assembly Bill No.
366Committee on Government Affairs

CHAPTER 482

AN ACT relating to governmental administration; reorganizing the public
service commission of Nevada into the public utilities commission of Nevada and
defining its duties; creating the transportation services authority and
defining its duties; transferring the regulation of certain transportation
carriers from the public service commission to the transportation services
authority; creating the bureau of consumer protection in the office of the
attorney general and defining its duties; transferring the duties of the office
of the advocate for customers of public utilities in the office of the attorney
general to the bureau of consumer protection; revising provisions governing the
regulation of electric services and gas services; requiring the central
assessment of certain property; requiring the executive director of the
department of taxation to submit a report to the legislature; revising the
restrictions on refiners operation of service stations; revising the Utility
Environmental Protection Act; making technical changes; providing penalties;
and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 703 of NRS
is hereby amended by adding thereto the provisions set forth as sections 2 and
3 of this act.

Sec. 2. In adopting regulations pursuant to this Title relating to the
provision of electric service, the commission shall ensure that the
regulations:

1. Maximize the
benefits of a competitive marketplace for the provision of electric services;

2. Maintain, to
the extent possible, even and fair competition among providers of electric
service;

3. Ensure the
flexibility necessary for existing utilities that provide energy to enter into
a deregulated market;

4. Foster
innovation in the provision of electric services;

5. Ensure and
enhance reliability and safety in the provision of electric services;

6. Provide for
flexible mechanisms for regulating electric services; and

Sec. 3. 1. The commission, by majority vote, shall
organize the commission into sections, alter the organization of the commission
and reassign responsibilities and duties of the sections of the commission as
the commission deems necessary to provide:

(a) Advice and guidance
to the commission on economic policies relating to utilities under the
jurisdiction of the commission, and the regulation of such utilities;

(b) Administrative,
technical, legal and support services to the commission; and

(c) For the regulation of
utilities governed by the commission and the services offered by such
utilities, including, but not limited to, licensing of such utilities and
services and the resolution of consumer complaints.

(b) Coordinate the
activities of the various sections of the commission;

(c) Take such actions
consistent with law as are necessary to encourage and enhance:

(1) A competitive
market for the provision of utility services to customers in this state; and

(2) The
reliability and safety of the provision of those services within that
competitive market; and

(d) Adopt such
regulations consistent with law as the commission deems necessary for the
operation of the commission and the enforcement of all laws administered by the
commission.

3. Before
reorganizing the commission, the commission shall submit the plan for
reorganization to:

(a) The director of the
legislative counsel bureau for transmittal to the appropriate legislative
committee and the interim finance committee; and

(b) The director of the
department of administration.

Sec. 4. NRS 703.010 is
hereby amended to read as follows:

703.010 As used in this chapter [:

1. Commission], unless the context otherwise requires:

1. Alternative
seller has the meaning ascribed to it in section 30 of this act.

2. Commission
means the public service commission of Nevada.

[2.]3. Fully regulated carrier has the
meaning ascribed to it in NRS 706.072.

Sec. 5. NRS 703.020 is
hereby amended to read as follows:

703.020 The public [service]utilities
commission of Nevada is hereby created.

Sec. 6. NRS 703.030 is
hereby amended to read as follows:

703.030 1. The commission
consists of [five]three commissioners appointed by the governor for terms
of 4 years.

2. The governor shall appoint as members
of the commission persons who have at least 2 years of experience in one or
more of the following fields:

(a) Accounting.

(b) Business administration.

(c) Finance [.]or economics.

(d) Administrative law.

(e) Professional engineering.

[(f) The operation of
motor carriers.

3. One
commissioner may be appointed to represent the general public.

4.]3. Not more than [three]two of the commissioners may be [members]:

(a) Members of the
same political party.

(b) From the same field
of experience.

Sec. 7. NRS 703.070 is
hereby amended to read as follows:

703.070 The governor shall designate one
of the commissioners to be chairman, whose term as chairman shall be at the
pleasure of the governor. The chairman shall serve as
the executive officer of the commission.

703.090 The commission shall have a seal
upon which [shall]must be the words Public [Service]Utilities Commission of Nevada, by which the
commission shall authenticate its proceedings and orders. All papers made under
[such seal shall]the seal must be admitted in evidence without further
authenticity or proof.

Sec. 9. NRS 703.100 is
hereby amended to read as follows:

703.100 The commission may sue and be
sued in the name of the public [service]utilities commission of Nevada.

Sec. 10. NRS 703.110 is
hereby amended to read as follows:

703.110 1. The majority of
the commissioners have full power to act in all matters within their
jurisdiction.

2. [Any two
or three commissioners may]If two
commissioners are disqualified or if there are two vacancies within the
commission, the remaining commissioner shall exercise all the powers of
the commission .[if
the majority of the commissioners is disqualified or if there are two or three
vacancies within the commission.]

3. Except as otherwise provided in this [subsection, public hearings must be conducted by one
or more commissioners. An administrative proceeding conducted pursuant to
subsection 2 of NRS 706.771 may be conducted by a hearing officer designated by
the chairman of the commission.]chapter,
all hearings and meetings conducted by the commission must be open to the
public.

Sec. 11. NRS 703.145 is
hereby amended to read as follows:

703.145 1. Any public [utility or common or contract motor carrier]utility subject to the jurisdiction of the
commission which elects to maintain its books and records outside the State of
Nevada shall, in addition to any other assessment and fees provided for by law,
be assessed by the commission for an amount equal to the travel expenses and
the excess of the out-of-state subsistence allowances over the in-state
subsistence allowances, as fixed by NRS 281.160, of commission members and
staff, for investigations, inspections and audits required to be performed
outside this state.

2. Any public utility subject to the
jurisdiction of the commission shall, in addition to any other assessment and
fees provided for by law, be assessed by the commission for an amount equal to
the travel expenses and the excess of the out-of-state subsistence allowances
over the in-state subsistence allowances, as fixed by NRS 281.160, of
commission members and staff, for investigations, audits and appearances
required to be performed out of this state as a result of interventions in:

if the intervention is made to benefit the public utility or
its customers.

3. The assessments provided for by this
section must be determined by the commission upon the completion of each such
investigation, inspection, audit or appearance and are due and payable within
30 days of receipt by the affected utility [or
common or contract motor carrier] of the notice of assessment.

assessment. The total amount assessed by the commission in 1
year pursuant to subsection 2 must not exceed $50,000.

4. The records of the commission relating
to the additional costs incurred by reason of the necessary additional travel
must be open for inspection by the affected utility [or
common or contract motor carrier] at any time within the 30-day
period.

5. The commission shall report to the
legislature no later than February 1 of each odd-numbered year the amount of
assessments charged public utilities during the previous biennium pursuant to
subsection 2.

Sec. 12. NRS 703.147 is
hereby amended to read as follows:

703.147 1. The public [service]utilities
commission regulatory fund is hereby created as a special revenue fund. All
money collected by the commission pursuant to law must be deposited in the
state treasury for credit to the fund. Money collected for the use of the
consumers advocate must be transferred pursuant to the provisions of
subsection 8 of NRS 704.035.

2. Money in the fund which belongs to the
commission may be used only to defray the costs of:

(a) Maintaining staff and equipment to regulate
adequately public utilities and other persons subject to the jurisdiction of
the commission.

(d) The salaries, travel expenses and
subsistence allowances of the members of the commission.

3. All claims against the fund must be
paid as other claims against the state are paid.

4. The commission must furnish upon
request a statement showing the balance remaining in the fund as of the close
of the preceding fiscal year.

Sec. 13. NRS 703.150 is
hereby amended to read as follows:

703.150 The commission shall supervise
and regulate the operation and maintenance of public utilities and other
persons named and defined in chapters 704, 704A [,
706, 708 and 712]and 708 of NRS
pursuant to the provisions of those chapters.

Sec. 14. NRS 703.152 is
hereby amended to read as follows:

703.152 1. The legislature
finds that the cost of energy in Nevada is affected by the Federal Energy
Regulatory Commission in its regulation of the transmission of energy into and
out of the State of Nevada, and the concerns of the public utilities and their
customers in this state should be represented at the hearings of that
Commission which affect Nevada.

2. The public [service
commission of Nevada,]utilities
commission, within the limits of its budget and as it deems necessary,
may bring an action, file a petition or intervene before the Federal Energy
Regulatory Commission or in any court on behalf of the public utilities and
their customers in this state and represent their views in any matter which
affects the development, transmission, use or cost of energy in Nevada.

Sec. 15. NRS 703.191 is
hereby amended to read as follows:

703.191 1. Each public
utility [, fully regulated carrier and broker of
services] regulated by the commission shall:

(a) Keep uniform and detailed accounts of all
business transacted in this state in the manner
required by the commission by regulation, and render them to the commission
upon its request.

(b) Furnish an annual report to the commission
in the form and detail which it prescribes by regulation.

2. [Except
as otherwise provided in subsection 3, the]The reports required by this section must be prepared
for each calendar year and submitted not later than May 15 of the year
following the year for which the report is submitted.

3. [A motor
carrier may, with the permission of the commission, prepare the reports
required by this section for a year other than a calendar year which the
commission specifies, and submit them not later than a date specified by the
commission in each year.

4.] If
the commission finds that necessary information is not contained in a report
submitted pursuant to this section, it may call for the omitted information at
any time.

Sec. 16. NRS 703.195 is
hereby amended to read as follows:

703.195 1. Except as
otherwise provided in subsection 2, any commissioner or any officer or employee
of the commission who is designated by the commission, may examine during
regular business hours the books, accounts, records, minutes, papers and
property of any public utility [, motor carrier
or broker] who does business in this state, whether or not the
book, account, record, minutes, paper or property is located within [the]this
state.

2. No personnel records of an employee
may be examined pursuant to subsection 1 unless the records contain information
relating to a matter of public safety or the commission determines that the
examination is required to protect the interests of the public.

3. As used in this section, personnel
records does not include:

(a) The name of the employee who is the subject
of the record;

(b) The gross compensation and perquisites of
the employee;

(c) Any record of the business expenses of the
employee;

(d) The title or any description of the position
held by the employee;

(e) The qualifications required for the position
held by the employee;

(f) The business address of the employee;

(g) The telephone number of the employee at his
place of business;

(h) The work schedule of the employee;

(i) The date on which the employee began his
employment; and

(j) If applicable, the date on which the
employment of the employee was terminated.

Sec. 17. NRS 703.196 is
hereby amended to read as follows:

703.196 1. Any books,
accounts, records, minutes, papers and property of any public utility [, motor carrier or broker] that are
subject to examination pursuant to NRS 703.190 or 703.195 and are made
available to the commission, any officer or employee of the commission, the [advocate for customers of public utilities]bureau of consumer protection in the office of the
attorney general or any other person under the condition that the
disclosure of such information to the public be withheld or otherwise limited, must not be disclosed to the public unless the
commission first determines that the disclosure is justified.

limited, must not be disclosed to the public unless the
commission first determines that the disclosure is justified.

2. The commission shall take such actions
as are necessary to protect the confidentiality of such information, including,
without limitation:

(a) Granting such protective orders as it deems
necessary; and

(b) Holding closed hearings to receive or
examine such information.

3. If the commission closes a hearing to
receive or examine such information, it shall:

(a) Restrict access to the records and
transcripts of such hearings without the prior approval of the commission or an
order of a court of competent jurisdiction authorizing access to the records or
transcripts; and

(b) Prohibit any participant at such a hearing
from disclosing such information without the prior authorization of the
commission.

4. A representative of the staff of the
commission and the [office of the advocate for
customers of public utilities:]bureau of
consumer protection:

(a) May attend any closed hearing held pursuant
to this section; and

(b) Have access to any records or other
information determined to be confidential pursuant to this section.

5. The commission shall consider in an
open meeting whether the information reviewed or examined in a closed hearing
may be disclosed without revealing the confidential subject matter of the
information. To the extent the commission determines the information may be
disclosed, the information must become a part of the records available to the
public. Information which the commission determines may not be disclosed must
be kept under seal.

Sec. 18. NRS 703.197 is
hereby amended to read as follows:

703.197 1. The commission
may collect fees for the filing of any official document required by this
chapter and chapters 704, 704A, 705 [, 706, 708
and 712]and 708 of NRS or by a
regulation of the commission.

2. Filing fees may not exceed:

(a) For applications, $200.

(b) For petitions seeking affirmative relief,
$200.

(c) For each tariff page which requires public
notice and is not attached to an application, $10. If more than one page is
filed at one time, the total fee may not exceed the cost of notice and
publication.

(d) For all other documents which require public
notice, $10.

3. If an application or other document is
rejected by the commission because it is inadequate or inappropriate, the
filing fee must be returned.

4. The commission may not charge any fee
for filing a complaint.

Sec. 19. NRS 703.210 is
hereby amended to read as follows:

703.210 1. The commission
may employ, or retain on a contract basis, legal counsel who shall:

(a) Except as otherwise
provided in subsection 2, be counsel and attorney for the commission in all
actions, proceedings and hearings.

(b) Prosecute in the name of the public [service]utilities
commission of Nevada all civil actions for the enforcement of chapters 704,
704A, 705 [, 706, 708 and 712]and 708 of NRS and for the recovery of any penalty or
forfeiture provided for therein.

(c) Generally aid the commission in the
performance of its duties and the enforcement of chapters 704, 704A, 705 [, 706, 708 and 712]and 708 of NRS.

2. Each district attorney shall:

(a) Prosecute any violation of chapter 704,
704A, 705, [706, 708, 711 or 712]708 or 711 of NRS for which a criminal penalty is
provided and which occurs in his county.

(b) Aid in any investigation, prosecution,
hearing or trial held under the provisions of chapter 704, 704A, 705, [706, 708, 711 or 712]708 or 711 of NRS and, at the request of the commission
or its legal counsel, act as counsel and attorney for the commission.

3. The attorney general shall, if the
district attorney fails or refuses to do so, prosecute all violations of the
laws of this state by public utilities [and motor
carriers] under the jurisdiction of the commission and their
officers, agents and employees.

4. The attorney general is not precluded
from appearing in or moving to intervene in any action and representing the
interest of the State of Nevada in any action in which the commission is a
party and is represented by independent counsel.

Sec. 20. NRS 703.230 is
hereby amended to read as follows:

703.230 The commission may, in carrying
out its duties:

1. Cooperate with the Federal Government,
its departments and agencies.

2. Confer with the regulatory agencies of
other states on matters of mutual concern and benefit to persons served by the
public utilities, motor carriersand brokers, and alternative sellers of this state.

3. Use the services, records, facilities
and cooperation of federal and state regulatory agencies, and hold joint
hearings and participate in joint conferences to reach decisions in matters
which require cooperation. All necessary expenses incurred in attending hearings
and conferences outside [the]this state are a charge against the state, and must be
audited and paid as other claims against [the]this state are paid. The claims must be sworn to
by the commissioner who incurred the expense and approved by the chairman.

Sec. 21. NRS 703.290 is
hereby amended to read as follows:

703.290 1. A division of
consumer relations is hereby established within the commission.

2. Pursuant to regulations adopted by the
commission, the division of consumer relations shall:

(a) Receive and investigate complaints made
against any public utility, motor carrier or broker [;], or alternative seller;

(b) Conduct appropriate investigations of the
service practices of utility companies [and motor
carriers and brokers;]or alternative sellers;
and

(c) Perform such other functions as are required
by law or as the commission deems appropriate.

Sec. 22. NRS 703.310 is
hereby amended to read as follows:

703.310 1. When a complaint
is made against any public utility, fully regulated carrier or broker of
regulated services,or alternative seller by any person, that any of the
rates, tolls, charges or schedules [,]for regulated services, or
any joint rate or rates are in any respect unreasonable or unjustly
discriminatory, or that any regulation, measurement, practice or act directly
relating to the transportation of persons or property, including the handling
and storage of that property, or the service of any broker in connection
therewith, or any regulation, measurement, practice or act affecting or
relating to the production, transmission or delivery or furnishing of heat,
light, gas, coal slurry, water or power, or any service in connection therewith
or the transmission thereof is, in any respect, unreasonable, insufficient or
unjustly discriminatory, or that any service is inadequate, the division of
consumer relations shall investigate the complaint.

regulated services, or any
joint rate or rates are in any respect unreasonable or unjustly discriminatory,
or that any regulation, measurement, practice or act directly relating to the
transportation of persons or property, including the handling and storage of
that property, or the service of any broker in connection therewith, or any
regulation, measurement, practice or act affecting or relating to the
production, transmission or delivery or furnishing of heat, light, gas, coal
slurry, water or power, or any service in connection therewith or the
transmission thereof is, in any respect, unreasonable, insufficient or unjustly
discriminatory, or that any service is inadequate, the division of consumer relations
shall investigate the complaint. After receiving the complaint, the division
shall give a copy of it to the public utility, carrier or broker ,or alternative seller
against whom the complaint is made. Within a reasonable time thereafter, the
public utility, carrier or broker , or alternative seller
shall provide the [division]commission with its written response to the complaint
according to the regulations of the commission.

2. If the division of consumer relations
is unable to resolve the complaint, the division shall transmit the complaint,
the results of its investigation and its recommendation to the commission. If
the commission determines that probable cause exists for the complaint, it
shall order a hearing thereof, give notice of the hearing and conduct the
hearing as it would any other hearing.

3. No order affecting a rate, toll,
charge, schedule, regulation, measurement, practice or act complained of may be
entered without a formal hearing unless the hearing is dispensed with as
provided in NRS 703.320.

Sec. 23. NRS 703.374 is
hereby amended to read as follows:

703.374 1. A court of
competent jurisdiction, after hearing, may issue an injunction suspending or
staying any final order of the commission if:

(a) The applicant has filed a motion for a
preliminary injunction;

(b) The applicant has served the motion on the
commission and other interested parties within 20 days after the rendition of
the order on which the complaint is based;

(c) The court finds there is a reasonable
likelihood that the applicant will prevail on the merits of the matter and will
suffer irreparable injury if injunctive relief is not granted; and

(d) The applicant files a bond or other
undertaking to secure the adverse parties in such manner as the court finds
sufficient.

2. The decision of the commission on each
matter considered shall be deemed reasonable and just until set aside by the
court, and in all actions for injunction or otherwise the burden of proof is
upon the party attacking or resisting the order of the commission to show by
clear and satisfactory evidence that the order is unlawful, or unreasonable, as
the case may be.

3. If an injunction is granted by the
court and the order complained of is one which permanently suspends a schedule
of rates and charges or a part thereof filed by any public utility pursuant to
NRS 704.070 to 704.110, inclusive, [or by any
fully regulated carrier pursuant to NRS 706.321 to 706.346, inclusive,]
or which otherwise prevents the schedule or any part thereof from taking
effect, the public utility [or carrier]complaining may keep in effect
or put into effect, as the case may be, the suspended schedule or any part
thereof pending final determination by the court having jurisdiction, by filing
a bond with the court in such an amount as the court may fix, conditioned upon
the refund to persons entitled to the excess amount if the rate or rates so suspended
are finally determined by the court to be excessive.

keep in effect or put into effect, as the case may be, the
suspended schedule or any part thereof pending final determination by the court
having jurisdiction, by filing a bond with the court in such an amount as the
court may fix, conditioned upon the refund to persons entitled to the excess
amount if the rate or rates so suspended are finally determined by the court to
be excessive.

Sec. 24. NRS 703.375 is
hereby amended to read as follows:

703.375 1. If a court
determines that the rate or rates considered by the commission are excessive,
and that the public utility [or fully regulated
carrier] has collected those excessive rates, the public utility [or carrier] shall compute and refund the
excess or overpayment of the rate or rates pursuant to a plan approved by the
commission [:

(a) For public utilities,]
within 60 days after the entry of the final judgment of the court.

[(b) For carriers,
within 120 days after the entry of the final judgment of the court.]

2. The public utility [or carrier] shall prepare and file with
the commission a statement and report in affidavit form stating that all money
has been refunded according to the approved plan, and if there are persons to
whom payment has not or cannot be made, the names, addresses and individual
amounts of the refund must be listed in the report. The statement and report
must be filed with the commission [:

(a) By the public utility]
within 90 days after the entry of final judgment.

[(b) By the
carrier within 150 days after the entry of final judgment.]The
public utility [and the carrier]
shall pay the aggregate amount of the unpaid refunds to the commission.

3. The commission shall:

(a) Retain the aggregate refunds in the public [service]utilities
commission regulatory fund subject to the claim of each person entitled thereto
for his share in the refund; and

(b) Pay all valid claims which are presented for
payment within 2 years after the date of the entry of final judgment of the
court.

All claimants must identify themselves to the satisfaction
of the commission before payment may be made.

4. Any person has a right of action
against the commission in the event of a refusal of the commission to pay his
claim if the persons name appears in the report filed by the public utility .[or carrier.]
This action against the commission must be brought within 6 months after the
refusal to pay the claim.

5. The commission shall investigate every
case in which a claim is presented to it by a person claiming a refund under a
plan submitted by a public utility [or carrier]
which was approved by the commission. If the investigation results in a refusal
by the public utility [or carrier]
to pay a valid claim, then the claimant has a right of action against the
public utility .[or
carrier.]

6. Any unclaimed money which remains in
the custody of the commission at the expiration of the 2-year period escheats
to the state.

703.376 [Either]Any party to the action, within 60 days after
the service of a copy of the order or judgment of the district court, may
appeal to the supreme court as in other civil cases.

Sec. 25. NRS 703.377 is
hereby amended to read as follows:

703.377 1. No certificate of
public convenience and necessity, permit or license issued in accordance with
the terms of NRS 704.005 to 704.751, inclusive, [or
706.011 to 706.791, inclusive,] is either a franchise or
irrevocable.

2. [The
commission may at any time, for good cause shown, after investigation and
hearing and upon 5 days written notice to the grantee, suspend any
certificate, permit or license issued in accordance with the provisions of NRS
706.011 to 706.791, inclusive, for a period not to exceed 60 days.

3.] Upon
receipt of a written complaint or on its own motion, the commission may, after
investigation and hearing, revoke any certificate, permit or license, but as to
a public utility only if the commission has arranged for another public utility
to provide the service for which the certificate was granted. [If service of the notice required by subsection 2
cannot be made or if the grantee relinquishes his interest in the certificate,
permit or license by so notifying the commission in writing, the commission may
revoke the certificate, permit or license without a hearing.]

[4.]3. The proceedings thereafter are governed
by the provisions of NRS 703.373 to 703.376, inclusive.

Sec. 26. NRS 703.380 is
hereby amended to read as follows:

703.380 1. Unless another
penalty is specifically provided, any public utility or any officer, agent or
employee of a public utility who:

(a) Violates any of the provisions of this
chapter or chapters 704, 705 [, 708 and 712]and 708 of NRS;

(b) Violates any rule or regulation of the
commission; or

(c) Fails, neglects or refuses to obey any order
of the commission or any order of a court requiring compliance with an order of
the commission,

is liable for a civil penalty not to exceed $1,000 per day
for each day of the violation and not to exceed $100,000 for any related series
of violations.

2. The amount of any civil penalty to be
imposed pursuant to this section, and the propriety of any compromise of a
penalty, must be determined by a court of competent jurisdiction upon the
complaint of the commission.

3. Subject to the approval of the court,
any civil penalty may be compromised by the commission. In determining the
amount of the penalty, or the amount agreed upon in compromise, the
appropriateness of the penalty to the size of the business of the person
charged, the gravity of the violation and the good faith of the person charged
in attempting to achieve compliance, after notification of a violation, must be
considered.

4. Any penalty assessed pursuant to this
section is not a cost of service by the public utility and may not be included
in any new application by a public utility for a rate adjustment or rate
increase.

Sec. 27. Chapter 704 of NRS
is hereby amended by adding thereto the provisions set forth as sections 28 to
63, inclusive, of this act.

Sec. 28. As used in sections 28 to 53, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in sections 29 to
38, inclusive, of this act have the meanings ascribed to them in those
sections.

Sec. 29. Aggregation service means the service of buying electricity
and reselling or otherwise providing electricity to a customer.

Sec. 30. Alternative seller means a seller of any component of
electric service, other than a noncompetitive service unless the alternative
seller has been designated to provide the noncompetitive service pursuant to
section 45 of this act. The term includes an affiliate of a vertically
integrated electric utility, but does not include a vertically integrated
electric utility.

Sec. 31. Customer means the retail purchaser of electric service.

Sec. 32. Effective competition means, with respect to a particular
service, a market structure and a process under which an individual seller is
not able to influence significantly the price of the service as a result of:

1. The number of
sellers of the service;

2. The size of
each sellers share of the market;

3. The ability of
the sellers to enter or exit the market; and

4. The price and
availability of comparable substitutes for the service.

Sec. 33. Electric distribution utility means a utility that is in the
business of supplying noncompetitive electric distribution or transmission
service, or both, or a noncompetitive service pursuant to section 45 of this
act, on or after July 1, 1999, or the date on which alternative sellers are
authorized to provide potentially competitive services to customers in this
state, as appropriate.

Sec. 34. Electric service includes generation service, aggregation
service and any other component of electric service provided, as of December
31, 1996, by a vertically integrated electric utility.

Sec. 35. Generation service means the sale of electricity or capacity
from equipment that converts other forms of energy into electricity by the
owner of that equipment.

Sec. 36. Noncompetitive service means any electric service determined
by statute or by the commission pursuant to section 39 of this act to be
unsuitable for purchase by customers from alternative sellers.

Sec. 37. Potentially competitive service means a component of
electric service determined by the commission to be suitable for purchase by
customers from alternative sellers. The term includes any potentially
competitive electric service that is deemed to be competitive pursuant to
subsection 5 of section 39 of this act.

Sec. 38. 1. Vertically integrated electric utility means
any public utility in the business of supplying electricity or its successor in
interest that, as of December 31, 1996:

(a) Held a certificate of
public convenience and necessity issued pursuant to NRS 704.005 to 704.731,
inclusive; and

(b) Had an annual
operating revenue of $250,000,000 or more.

2. The term does
not include a cooperative association or nonprofit corporation or association
or other provider of electric service, which is declared
to be a public utility pursuant to NRS 704.673 and provides service only to its
members.

declared to be a public utility
pursuant to NRS 704.673 and provides service only to its members.

Sec. 39. 1. The date upon which customers may begin
obtaining generation, aggregation and any other potentially competitive
services from an alternative seller must be no later than December 31, 1999,
unless the commission determines that a different date is necessary to protect
the public interest. If the commission determines that a different date is
necessary, the commission shall provide a report to the director of the
legislative counsel bureau for transmittal to the legislative commission on
utilities by February 1, 1999, which:

(a) Explains the reason
that the commission has not granted such an authorization; and

(b) States whether the
commission will grant such an authorization by December 31, 1999.

2. The commission
may:

(a) Establish different
dates for the provision of different services by alternative sellers in
different geographic areas; and

(b) Authorize, in gradual
phases, the right to buy from alternative sellers.

3. The commission
shall determine that an electric service is a potentially competitive service
if provision of the service by alternative sellers:

(a) Will not harm any
class of customers;

(b) Will decrease the
cost of providing the service to customers in this state or increase the
quality or innovation of the service to customers in this state;

(c) Is a service for
which effective competition in the market is likely to develop;

(d) Will advance the
competitive position of this state relative to surrounding states; and

(e) Will not otherwise
jeopardize the safety and reliability of the electric service in this state.

4. If the
commission determines that a market for a potentially competitive service does
not have effective competition, the commission shall, by regulation, establish
the method for determining prices for the service and the terms and conditions
for providing the service. The regulations must ensure that the pricing method,
terms and conditions are just and reasonable and not unduly discriminatory. The
regulations may include pricing alternatives which authorize the seller to
reduce prices below maximum pricing levels specified by the commission or any
other form of alternative pricing which the commission determines to be
consistent with the provisions of this subsection. In determining whether a
market for an electric service has effective competition, the commission shall:

(a) Identify the relevant
market;

(b) Identify, where
feasible, the alternative sellers that participate and are reasonably expected
to participate in the relevant market; and

(c) Calculate, where
feasible, the market share of each participant in the market and evaluate the
significance of each share.

5. On or before
October 1, 2000, the commission shall submit to the director of the legislative
counsel bureau for transmittal to the appropriate legislative committee a
report which:

(a) Evaluates the
effectiveness of competition in the market for each service which customers have
the right to purchase from alternative sellers; and

(b) Recommends actions
which the legislature should take to increase the effectiveness of competition
in the markets for all potentially competitive services.

6. On or before
October 1, 2001, an electric service that has been found to be potentially
competitive shall be deemed to be competitive.

7. The commission
may reconsider any determination made pursuant to this section upon its own
motion or upon a showing of good cause by a party requesting a reconsideration.
Upon a finding by the commission that the market for a service previously found
not to have effective competition has become effectively competitive, the
commission shall repeal the regulations which established the pricing methods and
the terms and conditions for providing that service. The commission shall
conduct any proceedings for the reconsideration of any such determination as
expeditiously as practicable considering the current work load of the
commission and the need to protect the public interest.

8. A vertically
integrated electric utility shall not provide a potentially competitive service
except through an affiliate:

(a) On or after December
31, 1999; or

(b) The date on which the
commission determines that the service is potentially competitive,

whichever is later.

Sec. 40. 1. It is unlawful for an alternative seller to
sell any electric service to a customer for consumption within this state
without having first obtained a license from the commission to do so.

2. Not later than
January 1, 1999, or any different date as determined by the commission pursuant
to section 39 of this act, as appropriate, the commission shall by regulation
set forth the procedures and conditions that alternative sellers must satisfy
to obtain a license to sell any electric services to a customer in this state,
including, but not limited to, procedures and conditions relating to:

(a) Safety and
reliability of service;

(b) Financial and
operational fitness; and

(c) Billing practices and
customer service, including the initiation and termination of service.

3. If, after
reviewing the application of an alternative seller for a license, the
commission finds that the applicant is qualified to be an alternative seller,
the commission shall issue a license to the applicant.

4. The commission
may deny the application of an applicant for a license to operate as an
alternative seller and may limit, suspend or revoke a license issued to an
alternative seller if the action is necessary to protect the interests of the
public or to enforce the provisions of sections 28 to 53, inclusive, of this
act or a regulation of the commission.

5. In determining
whether an applicant is qualified for a license, whether to deny an application
for a license to operate as an alternative seller or whether to limit, suspend
or revoke a license issued to an alternative seller, the commission may
consider whether the applicant for or holder of the license, or any affiliate
thereof, has engaged in any activities which are inconsistent with effective
competition.

6. A city, county
or other local governmental entity or a public utility, or any affiliate thereof,
which is authorized to provide electric service within the State of Nevada and
which has an annual operating revenue of less than $250,000,000, is subject to
the provisions of sections 28 to 53, inclusive, of this act and any regulations
adopted by the commission that are in effect on the date on which the city,
county or other local governmental entity or public utility, or an affiliate
thereof:

(a) Applies to obtain a
license as an alternative seller; or

(b) Directly or
indirectly attempts to provide, or act on behalf of an alternative seller in
the provision of, electric service in the territory served by another city,
county or other local governmental entity or public utility, or an affiliate
thereof, unless the city, county or other local governmental entity or public
utility, or an affiliate thereof is otherwise required or permitted by specific
statute to provide such service.

7. Notwithstanding
the provisions of subsection 6, a city, county or other local governmental
entity or a public utility, or any affiliate thereof, does not become subject
to the provisions of sections 28 to 53, inclusive, of this act, or any
regulations adopted pursuant thereto, solely because the city, county or other
local governmental entity or a public utility, or any affiliate thereof,
provides transmission or distribution services to an alternative seller
pursuant to a contract, tariff or requirement of any state or federal law,
except that the city, county or other local governmental entity or public
utility, or an affiliate thereof, shall provide such transmission and
distribution services on an open and nondiscriminatory basis to alternative
sellers in accordance with such standards, as the commission may establish by
regulation, for the provision of transmission and distribution services in
accordance with this subsection.

8. Regulations
adopted pursuant to subsection 2:

(a) Must not be unduly
burdensome;

(b) Must not
unnecessarily delay or inhibit the initiation and development of competition
for any service in any market; and

(c) May establish
different requirements for licensing alternative sellers of:

(1) Different
services; or

(2) Similar
services to different classes of customers,

whenever such different requirements
are appropriate to carry out the provisions of sections 28 to 53, inclusive, of
this act.

Sec. 41. 1. The commission shall prohibit a provider of a
noncompetitive service from providing a potentially competitive service, except
through an affiliate of the provider.

2. The commission
shall require each provider of a noncompetitive service that is necessary to
the provision of a potentially competitive service to make its facilities or services available to all alternative
sellers on equal and nondiscriminatory terms and conditions.

to make its facilities or services
available to all alternative sellers on equal and nondiscriminatory terms and
conditions.

Sec. 42. 1. The commission shall monitor the markets for
electric services affected by sections 28 to 53, inclusive, of this act to
identify and prevent activities that are inconsistent with the goals of
sections 28 to 53, inclusive, of this act. The commission shall:

(a) Establish standards
of conduct related to activities that are inconsistent with the goals of
sections 28 to 53, inclusive, of this act, and establish penalties for such
activities and procedures for imposing such penalties; and

(b) Establish conditions
and limitations on the ownership, operation and control of the assets of a
provider of an electric service to:

(1) Prevent
activities that are inconsistent with the goals of sections 28 to 53,
inclusive, of this act; and

(2) Ensure the
development of effective competition for electric services.

Such conditions and limitations may
include, but are not limited to, limitations on the ownership, operation and
control of transmission facilities and any generation necessary to the reliable
and economic operation of such transmission facilities. In establishing such
conditions and limitations, the commission shall take into consideration any
financial obligations that a provider of an electric service incurred, as of
the date on which customers may begin obtaining potentially competitive
services from alternative sellers, to carry out a statutory obligation of a
utility.

2. Upon a showing
of good cause by a party requesting an investigation or upon motion of the
commission, the commission shall conduct an investigation of the operation of
the relevant markets for any electric service in this state to determine
whether those markets are functioning in a manner consistent with the
provisions of sections 28 to 53, inclusive, of this act. The investigation must
include, without limitation, the effect on the market of:

(a) Mergers,
consolidations or acquisitions of the assets or the securities of providers of
electric services;

(b) The disposition of
ownership, operation or control of the assets of providers of electric
services;

(c) Transmission
congestion or constraints; and

(d) Anticompetitive or
discriminatory conduct.

3. The commission
may require an alternative seller, an electric distribution utility or a
vertically integrated electric utility to provide information directly related
to the provision of electric services by the alternative seller, electric
distribution utility or vertically integrated electric utility in this state,
including, but not limited to, documents and testimony, in accordance with the
regulations of the commission relating to the discovery of information for a
provider of electric service.

4. If evidence is
presented to the commission that anticompetitive or discriminatory conduct,
including, but not limited to, the unlawful exercise of market power, is
denying customers the benefits of effective competition in a market for
electric services, the commission shall:

(a) Consult with, and
transmit such evidence to, the attorney general; and

(b) If appropriate,
inform, and transmit such evidence to, the United States Department of Justice
and any appropriate federal agency.

5. Sections 28 to
53, inclusive, of this act must not be construed as exempting alternative
sellers and affiliates from any other applicable statute of this state or the
United States, relating to consumer and antitrust protections. The exemption
provided in paragraph (c) of subsection 3 of NRS 598A.040 does not apply to
conduct of or actions taken by an alternative seller pursuant to sections 28 to
53, inclusive, of this act.

6. Nothing in
sections 28 to 53, inclusive, of this act requires any person who is or has
been aggrieved by the conduct of an alternative seller to seek relief first
before the commission.

Sec. 43. 1. An affiliate of a provider of a noncompetitive
service may provide a potentially competitive service only upon a finding by
the commission after a hearing that:

(a) The provider of the
noncompetitive service is in compliance with subsection 2 of section 41 of this
act;

(b) The affiliate will
have, with respect to the provision of the electric service, an arms length
relationship with the entity that provides the noncompetitive service;

(c) The business or
organizational relationship, or both, between the provider of the
noncompetitive service and the affiliate providing the potentially competitive
service does not interfere with the development of effective competition; and

(d) The risk of
anticompetitive behavior by the provider of the noncompetitive service or the
affiliate providing the potentially competitive service, or both, is minimal
and the regulatory expenses to prevent the anticompetitive behavior are
minimal.

2. The commission
shall adopt regulations which specify the information which must be submitted
and the procedure which will be used to process a request by an affiliate of a
provider of a noncompetitive service for authorization to provide a potentially
competitive service. The procedure must provide an opportunity for the
affiliate to obtain a determination from the commission regarding its request
to provide potentially competitive services not later than 6 months before the
date on which alternative sellers may begin providing potentially competitive
services.

3. If the
commission determines that an affiliate of a provider of a noncompetitive
service cannot provide a potentially competitive service pursuant to the
provisions of this section and the provider of the noncompetitive service is a
vertically integrated electric utility, the commission shall, pursuant to
section 46 of this act, give the vertically integrated electric utility a
reasonable opportunity to recover the costs incurred.

4. A provider of
noncompetitive service and its affiliate which is providing a potentially
competitive service in accordance with this section are subject to all
applicable statutes of this state and the United States relating to consumer
and antitrust protections in the same manner as if the provider and its
affiliate were not affiliated.

Sec. 44. 1. An electric distribution utility shall provide
all noncompetitive services within its territory unless the commission
authorizes another entity to provide the noncompetitive service.

2. A
noncompetitive service is subject to NRS 704.001 to 704.655, inclusive, 704.701
to 704.751, inclusive, 704.800 to 704.900, inclusive.

3. The commission
shall adopt regulations for noncompetitive services that allow innovative
pricing methods for noncompetitive services upon a finding that the innovative
pricing, when compared to pricing of services provided pursuant to subsections
1 and 2, improves the performance of the service or lowers the cost of the
service to the customer, or both. The regulations for innovative pricing must
specify:

(a) The provisions that
must be included in a plan of innovative pricing;

(b) The procedures for
submitting an innovative plan for pricing to the commission for approval and
implementation; and

(c) Which provisions of
this chapter do not apply to pricing changes that are made during the period in
which the innovative pricing plan is in effect.

4. The commission
shall adopt regulations which ensure that a person who owns a transmission or
distribution facility, or both, or a facility that provides access to a
competitive service shall make the facilities available on equal and
nondiscriminatory terms and conditions to all alternative sellers or to the
customers of the alternative sellers, or both, as the commission may determine.

Sec. 45. 1. The commission shall designate a vertically
integrated electric utility to provide electric service to customers who are
unable to obtain electric service from an alternative seller or who fail to
select an alternative seller. The provider so designated by the commission is
obligated to provide electric service to the customers. Electric service
provided by the utility pursuant to this section shall be deemed to be a
noncompetitive service for which the utility may recover its costs pursuant to
NRS 704.001 to 704.655, inclusive, 704.701 to 704.751, inclusive, 704.800 to
704.900, inclusive.

2. Upon a finding
by the commission that the public interest will be promoted, the commission may
prescribe alternate methods for providing electric service to those customers
described in subsection 1. The alternate methods may include, but are not
limited to, the direct assignment of customers to alternative sellers or
electric distribution utilities or a process of competitive bidding for the
right to provide electric service to the designated customers.

3. The commission
shall establish minimum terms and conditions under which electric service must
be provided pursuant to this section, including a minimum period during which a
customer must be obligated to pay for the electric service from the assigned
provider. The price charged for electric service for a particular group of
customers must reflect the incremental cost of serving the group.

4. If the
designated provider of the electric service is a vertically integrated electric
utility, the utility shall provide the electric service through an affiliate
whose sole business activity is the provision of electric service.

5. Except as
otherwise provided in this subsection and subsection 6, the rate charged for
residential service provided pursuant to subsection 1 must not exceed the rate
charged for that service on July 1, 1997. The limitation set forth in this
subsection is effective until 2 years after the date upon which, in accordance
with section 39 of this act, the commission repeals the regulations which
established the pricing method for that service and the terms and conditions
for providing that service.

6. The commission
may, in accordance with NRS 704.110, 704.120 and 704.130, approve an increase
in the rate charged for residential service provided pursuant to subsection 1
in an amount that does not exceed the increase necessitated, if any, to ensure
the recovery by the vertically integrated electric utility of its just and
reasonable costs. The provisions of this section do not limit or prohibit in
any manner the operation of any order issued by the commission before July 1,
1997.

Sec. 46. 1. The commission shall determine the recoverable
costs associated with assets and obligations that are documented in the
accounting records of a vertically integrated electric utility and that are
properly allocable to a particular potentially competitive service as of the
date on which alternative sellers of similar potentially competitive services
begin providing such service to customers in this state. Shareholders of the
vertically integrated electric utility must be compensated fully for all such
costs determined by the commission. In determining the recoverable costs, the
commission shall take into account:

(a) The extent to which
the utility was legally required to incur the costs of the assets and
obligations;

(b) The extent to which
the market value of the assets and obligations of the utility, relating to the
provision of potentially competitive services, exceeds the costs of the assets
and obligations;

(c) The effectiveness of
the efforts of the utility to increase the market value and realize the market
value of any assets, and to decrease the costs of any obligations, associated
with the provision of potentially competitive services;

(d) The extent to which
the rates previously established by the commission have compensated
shareholders for the risk of not recovering the costs of the assets and
obligations;

(e) The effects of the
difference between the market value and the cost, including, without
limitation, tax considerations, for the assets and obligations; and

(f) If the utility had
the discretion to determine whether to incur or mitigate the costs, the conduct
of the utility with respect to the costs of the assets and obligations when
compared to other utilities with similar obligations to serve the public.

2. For the
purposes of this section, the commission may impose a procedure for the direct
and unavoidable recovery from ratepayers of the portion of the past costs which
are determined by the commission to be owed by the ratepayers. The procedure
must include a determination of the period over which the recovery may occur
and include the authority for the commission to assess charges on those customers
on whose behalf the vertically integrated electric utility incurred costs who
are no longer receiving transmission or
distribution service, or both, from the vertically integrated electric utility.

receiving transmission or
distribution service, or both, from the vertically integrated electric utility.
Such determinations and procedures must not discriminate against a participant
in the market.

Sec. 47. A vertically integrated electric utility shall take such
reasonable steps as are necessary to minimize layoffs and any other adverse
effects on the employees of the vertically integrated electric utility that
result from the beginning of provision of potentially competitive services by
alternative sellers.

Sec. 48. 1. The commission shall establish procedures to
ensure that a customer of an alternative seller is not switched to another
alternative seller without a reliable confirmation of the customers intent to
make such a change and approval of the specific details of the change.

2. The commission
shall establish minimum standards for the form and content of all disclosures,
explanations or sales information disseminated by a person selling a
competitive service to ensure that the person provides adequate, accurate and
understandable information about the service which enables a customer to make
an informed decision relating to the source and type of electric service
purchased. Such standards:

(a) Must not be unduly
burdensome;

(b) Must not
unnecessarily delay or inhibit the initiation and development of competition
for any service in any market; and

(c) May establish
different requirements for disclosures, explanations or sales information relating
to:

(1) Different
services; or

(2) Similar
services to different classes of customers,

whenever such different requirements
are appropriate to carry out the provisions of sections 28 to 53, inclusive, of
this act.

3. The commission,
before the commencement of direct access to alternative sellers for an electric
service, shall carry out an educational program for customers to:

(a) Inform customers of
the changes in the provision of electric service, including, but not limited
to, the availability of alternative sellers of electric service;

(b) Inform customers of
the requirements relating to disclosures, explanations or sales information for
sellers of competitive services; and

(c) Provide assistance to
customers in understanding and using the information to make reasonably
informed choices about which service to purchase and from whom to purchase it.

Sec. 49. 1. Each vertically integrated electric utility
shall submit to the commission, pursuant to a schedule established by the
commission, a plan for compliance with the requirements set forth in sections
28 to 53, inclusive, of this act and the applicable regulations. The vertically
integrated electric utility shall include with the plan any information the
commission needs to:

(a) Set rates for
electric services, including, but not limited to:

(1) A statement of
the costs of the vertically integrated electric utility to provide the service.

(2) The amount of
revenue required by the vertically integrated electric utility.

(b) Allocate among
customers the costs of service and the requirements for revenues for
noncompetitive services.

(c) Adopt regulations for
potentially competitive services if a market is not sufficiently competitive.

2. The commission
may exempt a vertically integrated electric utility or an alternative seller
from the strict application of any provision of this chapter, other than the
provisions of sections 28 to 53, inclusive, of this act, upon a determination
by the commission that the exemption is necessary to achieve effective
competition within the electric industry.

Sec. 50. 1. Except as otherwise provided in this section, the
Colorado River commission may sell electricity and provide transmission service
or distribution service, or both, to meet the existing and future requirements
of:

(a) Any customer that the
Colorado River commission on the effective date of this section was serving or
had a contract to serve; and

(b) The Southern Nevada
Water Authority,

without being subject to the
provisions of sections 28 to 53, inclusive, of this act or to the jurisdiction
of the commission.

2. The Colorado
River commission may sell electricity or provide transmission service or
distribution service, or both, to customers whom the Colorado River commission
was not serving, or with whom it did not have a contract, on the effective date
of this section if the Colorado River commission:

(a) Obtains a license to
act as an alternative seller; and

(b) Allows its system for
transmission and distribution to be utilized by other alternative sellers
pursuant to such terms and conditions as may be established by the commission.

3. As used in this
section, Southern Nevada Water Authority has the meaning ascribed to it in
NRS 538.041.

Sec. 51. 1. The commission shall develop regular forecasts
of electric capacity and energy based on the information submitted to the
commission pursuant to subsection 3. The forecast must include:

(a) A description of the
facilities needed to meet the future requirements for electric services;

(b) An evaluation of the
extent to which a retail electric service is subject to competition;

(c) A description of
those actions needed to accommodate competition in the provision of potentially
competitive services; and

(d) An evaluation of
whether sufficient capacity will be available to customers at a reasonable
price and will be selected by customers after the commission has authorized the
provision of potentially competitive services by alternative sellers.

2. If the
commission determines that sufficient capacity will not be available to
customers at a reasonable price, the commission may establish equitable
obligations for customers, electric distribution utilities or alternative
sellers to ensure that sufficient capacity is made available. Any obligation
that discriminates against or unduly burdens a customer, an electric
distribution utility or an alternative seller is not reasonable and may not be
imposed by the commission. The commission may, by regulation, specify those
methods and procedures to ensure that sufficient capacity is made available, including competitive solicitations or other
method or procedure deemed to be appropriate and necessary by the commission.

made available, including competitive
solicitations or other method or procedure deemed to be appropriate and
necessary by the commission.

3. Each entity
providing a potentially competitive service or a noncompetitive service shall
submit to the commission annually, in the format prescribed by the commission,
information that the commission determines is necessary to:

(a) Monitor the development
of competition to provide electric services; and

Sec. 52. 1. The commission shall establish portfolio
standards for domestic energy that sets forth the minimum percentage of the
total electricity sold during each calendar year that must be derived from
renewable energy resources. The portfolio standards must:

(a) Be set at two-tenths
of one percent of the total amount of electricity annually consumed by customers
in this state as of January 1, 2001.

(b) Be increased
biannually thereafter by two-tenths of one percent of the total annual electric
consumption by the customers until the standard reaches a total of 1 percent of
the total amount of electricity consumed.

(c) Be derived from not
less than 50 percent renewable energy resources.

(d) Be derived from not
less than 50 percent solar renewable energy systems.

(e) Be based on renewable
energy credits, if applicable.

2. Each vertically
integrated electric utility and alternative seller that provides electric
service in this state shall comply with the portfolio standard established by
the commission pursuant to this section. At the end of each calendar year, each
vertically integrated electric utility and alternative seller shall submit a
report, in a format approved by the commission, of the quantity of renewable
energy and credits, if applicable, that the utility or alternative seller
generated, purchased, sold and traded to meet the standards of the portfolio.

3. In establishing
the portfolio pursuant to this section, the commission may establish a system
of credits pursuant to which an electric utility and alternative seller may
comply with the provisions of this section. A system of credits must provide
that:

(a) Credits are issued
for renewable energy resources for each kilowatt hour of energy which it
produces; and

(b) Holders of credits
may trade or sell the credits to other parties.

4. For the
purposes of this section, a vertically integrated electric utility which, on
January 1, 1997, has 9 percent of its electricity consumed by its customers
served by renewable energy resources shall be deemed to be in compliance until
January 1, 2005, with the portfolio standards established by the commission
pursuant to this section. Between January 1, 2005, and December 31, 2009, such
a vertically integrated electric utility and its affiliated alternative seller,
if any, shall reach a total of one-half of 1 percent of the amount of
electricity consumed by its customers, in annual increments of one-tenth of 1
percent, in solar energy resources for full compliance with the portfolio
standard established by the commission pursuant to this section.

5. The electric
utility and alternative seller shall submit a report to the commission that
provides information relating to the compliance by the vertically integrated
electric utility or alternative seller with the requirements of this section.
Such reports must be made at least annually, unless the commission by
regulation determines that such reports must be made more frequently than
annually, and must include clear and concise information that sets forth:

(a) If the vertically
integrated electric utility installed a renewable energy system during the
period for which the report is being made, the date of installation;

(b) The capacity of
renewable energy systems of the vertically integrated electric utility or
alternative seller;

(c) The amount of production
of energy from the renewable energy systems;

(d) The portion of the
production of energy that is directly derived from renewable energy resources;

(e) The quantity of
energy from renewable energy systems that is transmitted or distributed, or both,
to customers in this state by the vertically integrated electric utility or
alternative seller; and

(f) Such other
information that the commission by regulation may deem relevant.

(b) General improvement
districts established pursuant to chapter 318 of NRS; or

(c) Utilities established
pursuant to chapter 709 or 710 of NRS.

7. As used in this
section:

(a) Renewable energy
resources means wind, solar, geothermal and biomass energy resources in this
state that are naturally regenerated.

(b) Renewable energy
system means an energy system in this state that utilizes renewable energy
resources to produce electricity or solar thermal energy systems that reduce
the consumption of electricity that was installed and commenced operations
after July 1, 1997.

Sec. 53. The commission shall prepare a quarterly report for the
legislature that assesses the developments in the electric industry in the
State of Nevada. The reports must be submitted to the director of the
legislative counsel bureau for transmittal to the legislature and must include,
but are not limited to, a discussion of:

1. Whether there
is effective competition for each potentially competitive service;

2. The
compatibility of direct access for retail customers to alternative sellers with
environmental goals;

3. The effects of
direct access for retail customers to alternative sellers on each class of
customers, compared to the noncompetitive regulatory structure;

4. The
opportunities to cooperate, formally or informally, with other states or the
Federal Government in the implementation of effective competition; and

to establish discounts in the rates
for the telecommunication services that the utility provides to that school or
library. The amount of the discount must be determined by the commission in a
manner that is consistent with the provisions of 47 U.S.C. § 254.

(a) Public or private
nonprofit providers of health care which serve persons in rural areas; or

(b) Persons with low
income and persons in rural, insular and high-cost areas,

to ensure that such providers of
health care and persons have access to telecommunication services that are
reasonably comparable to those services available in urban areas and that the
rates for such services charged by the utility are reasonably comparable to
those charged in the urban areas, to the extent required by the provisions of 47
U.S.C. § 254.

3. The commission
shall adopt regulations which set forth the requirements for eligibility for
persons with low income and definitions for rural, insular and high-cost areas.

4. Any regulations
adopted pursuant to this section must be consistent with the provisions of 47
U.S.C. § 254.

Secs. 55 and 56. (Deleted by
amendment.)

Sec. 57. The commission shall expend up to $500,000 from its reserve
account to provide education and informational services necessary to educate
and inform the residents in this state on issues related to the provision of
competitive utility services in this state. The commission shall contract with
an independent person to provide such educational and informational services.

Sec. 58. As used in sections 58 to 63, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in sections 58.5,
59 and 60 of this act, have the meanings ascribed to them in those sections.

Sec. 59. Person includes a natural person, corporation, partnership,
public utility, government, governmental agency and political subdivision of a
government.

Sec. 60. Potentially competitive service means a component of service
relating to the provision of natural gas to customers in this state that is
determined by the commission to be suitable for purchase by customers from
alternative sellers.

Sec. 61. 1. Upon the receipt of a specific request for an
exemption by a public utility that supplies natural gas, the commission may, to
the extent it deems necessary, exempt any service offered by the public utility
from the strict application of one or more provisions of this chapter. Such an exemption may be made only upon a determination by the
commission, after notice and an opportunity for a hearing, that the service is
competitive, discretionary or potentially competitive.

exemption may be made only upon a
determination by the commission, after notice and an opportunity for a hearing,
that the service is competitive, discretionary or potentially competitive.

2. The commission
shall adopt regulations necessary to establish an alternative plan of
regulation of a public utility that supplies natural gas and that is otherwise
subject to regulation pursuant to the provisions of this chapter. The
alternative plan may include, but is not limited to, provisions that:

(a) Allow adjustment of
the rates charged by the public utility during the period in which the utility
elects the alternative plan of regulation.

(b) Specify the
provisions of this chapter that do not apply to a public utility which elects
to be regulated under the alternative plan.

(c) Provide for
flexibility of pricing for services that are discretionary, competitive or
potentially competitive.

3. A public
utility that elects to be regulated under the alternative plan established
pursuant to this section is not subject to the remaining provisions of this
chapter to the extent specified pursuant to this section.

4. It is unlawful
for an alternative seller to sell any service relating to the supply of natural
gas to a customer for his consumption within this state without first having
obtained a license from the commission to do so.

Sec. 62. 1. Not later than January 1, 1999, the commission
shall, by regulation, set forth the procedures and conditions that alternative
sellers must satisfy before obtaining a license to sell potentially competitive
services to customers in this state, including, but not limited to:

(a) Safety;

(b) Reliability of
service;

(c) Financial
reliability;

(d) Fitness to serve new
customers; and

(e) Billing practices and
customer services including the initiation and termination of service.

2. The commission
may deny the application of a prospective alternative seller for a license, or
may limit, suspend or revoke a license issued to an alternative seller, if the
action is necessary to protect the interests of the public or to enforce the
provisions of this chapter or a regulation of the commission. In determining
whether to take any of those actions, the commission may consider whether the
applicant for or holder of such a license, or any affiliate thereof, has
engaged in activities which are inconsistent with effective competition.

Sec. 63. 1. A customer of natural gas within the service
territory of a public utility that supplies natural gas who obtains his own
supply of natural gas or capacity on a pipeline from a person other than the
public utility for at least 30 continuous days may seek restoration of service
from the public utility in accordance with the tariffs filed pursuant to this
section.

2. A public
utility that supplies natural gas shall file a tariff with the commission that
states the terms and conditions under which a customer may restore his gas
service from the public utility pursuant to this section. The tariff must be
reviewed by the commission and must include, without limitation:

(b) Methods of accounting
to be used for identifying and billing actual costs incurred by the public
utility for:

(1) Reestablishing
service;

(2) Obtaining new
supplies of gas for the customers; and

(3) Acquiring and
maintaining the necessary capacity for transporting the supplies of gas, if
applicable;

(c) Methodology for
determining the costs of administration and overhead costs; and

(d) Methods of accounting
to determine any incremental costs incurred by the public utility to serve the
customer or group of customers;

(e) Procedures for
curtailment to be used in establishing priorities of service;

(f) Procedures that will
be available to customers to resolve disputes in billing; and

(g) The minimum period
during which the customer must take the resumed service.

3. For the
purposes of this section, a public utility may charge its actual cost of
obtaining any additional supply of gas to serve the returning customers. The
commission shall verify the compliance of a public utility with its tariff
filed pursuant to this section.

Sec. 64. NRS 704.001 is
hereby amended to read as follows:

704.001 It is hereby declared to be the
purpose and policy of the legislature in enacting this chapter:

1. To confer upon the commission the
power, and to make it the duty of the commission, to regulate public[utilities;] utilities to the extent of its jurisdiction;

2. To provide for fair and impartial
regulation of public utilities;

3. To provide for the safe, economic,
efficient, prudent and reliable operation and service of public utilities; and

4. To balance the interests of customers
and shareholders of public utilities by providing public utilities with the
opportunity to earn a fair return on their investments while providing
customers with just and reasonable rates.

Sec. 65. NRS 704.010 is
hereby amended to read as follows:

704.010 Commission means the public [service]utilities
commission of Nevada.

Sec. 66. NRS 704.020 is
hereby amended to read as follows:

704.020 1. Public utility or utility includes:

(a) Any person who owns, operates, manages or
controls any railroad or part of a railroad as a common carrier in this state,
or cars or other equipment used thereon, or bridges, terminals, or sidetracks,
or any docks or wharves or storage elevators used in connection therewith,
whether or not they are owned by the railroad.

(b) Telephone companies and other companies
which provide telecommunication or a related service to the public.

(c) Radio or broadcasting instrumentalities
providing common or contract service.

(d) All companies which own cars of any kind or
character, used and operated as a part of railroad trains, in or through this
state. All duties required of and penalties imposed upon
any railroad or any officer or agent thereof are, insofar as applicable,
required of and imposed upon the owner or operator of any telephone, radio and
broadcasting companies, companies providing telecommunication or related
services to the public and companies which own cars of any kind or character,
used and operated as a part of railroad trains in or through this state, and
their officers and agents, and the commission may supervise and control all
such companies and persons to the same extent as railroads.

required of and penalties imposed upon any railroad or any
officer or agent thereof are, insofar as applicable, required of and imposed
upon the owner or operator of any telephone, radio and broadcasting companies,
companies providing telecommunication or related services to the public and
companies which own cars of any kind or character, used and operated as a part
of railroad trains in or through this state, and their officers and agents, and
the commission may supervise and control all such companies and persons to the
same extent as railroads.

2. Public utility or utility also includes:

(a) Any person who owns, operates or controls
any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares
or tolls, directly or indirectly.

(b) Any plant or equipment, or any part of a
plant or equipment, within [the]this state for the production, delivery or furnishing
for or to other persons, including private or municipal corporations, heat,
gas, coal slurry, light, power in any form or by any agency, water for
business, manufacturing, agricultural or household use, or sewerage service,
whether or not within the limits of municipalities.

(c) Any system for the distribution of liquefied
petroleum gas to 10 or more users.

The commission may supervise, regulate and control all such
utilities, subject to the provisions of this chapter and to the exclusion of
the jurisdiction, regulation and control of such utilities by any municipality,
town or village, unless otherwise provided by law.

3. The provisions of this chapter and the
term public utility apply to [:

(a) All charges connected
with the transportation of persons or property, including icing charges and
mileage charges.

(b) All]all railroads, express companies, car companies, and
all associations of persons, whether or not incorporated, that do any business
as a common carrier upon or over any line of railroad within this state.

[(c) Any common or
contract carrier engaged in the transportation of passengers and property,
except common or contract motor carriers subject to the provisions of chapter
706 of NRS.]

Sec. 67. NRS 704.030 is
hereby amended to read as follows:

704.030 Public utility or utility does not include:

1. [Persons
insofar as they own, control, operate or manage motor vehicles operated as
hearses, ambulances or hotel buses engaged in the transportation of persons for
hire exclusively within the limits of a city of this state.

2.] Persons
engaged in the production and sale of natural gas, other than sales to the
public, or engaged in the transmission of natural gas other than as a common
carrier transmission or distribution line or system.

[3.]2. Persons engaged in the business of
furnishing, for compensation, water or services for the disposal of sewage, or
both, to persons within this state if:

(b) Their gross sales for water or services for
the disposal of sewage, or both, amounted to $5,000 or less during the
immediately preceding 12 months.

[4. Any
common motor carrier, contract motor carrier of passengers or property, or
private motor carrier subject to the provisions of chapter 706 of NRS.

5.]3.Persons not [normally]otherwise
engaged in the [production and sale of]business of furnishing, producing or selling
water or services for the disposal of sewage, or both,
but who sell or furnish water or services for the
disposal of sewage, or both, as an accommodation in an area where water [is]or services
for the disposal of sewage, or both, are not available from a public utility,
cooperative corporations and associations or political subdivisions engaged in
the business of furnishing water [,] or services for the disposal of sewage, or both, for
compensation, to persons within the political subdivision.

[6.]4. Persons who are engaged in the
production and sale of energy, including electricity, to public utilities,
cities, counties or other entities which are reselling the energy to the
public.

[7.]5. Persons who are subject to the
provisions of NRS 590.465 to 590.645, inclusive.

[8.]6. Persons who are engaged in the sale or
use of special fuel as defined in NRS 366.060.

7. Persons who are
licensed as alternative sellers to provide electric services.

8. Persons who
provide water from water storage, transmission and treatment facilities if
those facilities are for the storage, transmission or treatment of water from
mining operations.

Sec. 68. NRS 704.032 is
hereby amended to read as follows:

704.032 The commission on economic
development may participate in proceedings before the public [service]utilities
commission of Nevada concerning a public utility in the business of supplying
electricity or natural gas to advocate the accommodation of the state plan for
industrial development and diversification. The commission on economic
development may intervene as a matter of right in a proceeding pursuant to NRS
704.736 to 704.755, inclusive.

Sec. 69. NRS 704.033 is
hereby amended to read as follows:

704.033 1. The commission
shall levy and collect an annual assessment from all public utilities subject
to the jurisdiction of the commission.

2. Except as otherwise provided in
subsection 3, the annual assessment must be:

(a) For the use of the commission, not more than
3.50 mills; and

(b) For the use of the consumers advocate [,]of the bureau
of consumer protection in the office of the attorney general, not more
than 0.75 mills,

on each dollar of gross operating revenue derived from the
intrastate operations of such utilities in the State of Nevada, except that the
minimum assessment in any 1 year must be $10. The total annual assessment must
be not more than 4.25 mills.

3. For railroads the total annual
assessment must be the amount levied for the use of the commission pursuant to
paragraph (a) of subsection 2. The levy for the use of the consumers advocate
must not be assessed against railroads.

4. The gross operating revenue of the
utilities must be determined for the preceding calendar year. In the case of:

(a) Telephone utilities, except as provided in
paragraph (c), the revenue shall be deemed to be all intrastate revenues that
are considered by the commission for the purpose of establishing rates.

(b) Railroads, the revenue shall be deemed to be
the revenue received only from freight and passenger intrastate movements.

(c) All public utilities, the revenue does not
include the proceeds of any commodity, energy or service furnished to another
public utility for resale.

Sec. 70. NRS 704.035 is
hereby amended to read as follows:

704.035 1. On or before June
1 of each year, the commission shall mail revenue report forms to all public
utilities under its jurisdiction, to the address of those utilities on file
with the commission. The revenue report form serves as notice of the
commissions intent to assess the utilities, but failure to notify any utility
does not invalidate the assessment with respect thereto.

2. Each public utility subject to the
provisions of NRS 704.033 shall complete the revenue report referred to in
subsection 1, compute the assessment and return the completed revenue report to
the commission accompanied by payment of the assessment and any penalty due,
pursuant to the provisions of subsection 5.

3. The assessment is due on July 1 of
each year, but may, at the option of the public utility, be paid quarterly on
July 1, October 1, January 1 and April 1.

4. The assessment computed by the utility
is subject to review and audit by the commission, and the amount of the
assessment may be adjusted by the commission as a result of the audit and
review.

5. Any public utility failing to pay the
assessment provided for in NRS 704.033 on or before August 1, or if paying
quarterly, on or before August 1, October 1, January 1 or April 1, shall pay,
in addition to such assessment, a penalty of 1 percent of the total unpaid
balance for each month or portion thereof that the assessment is delinquent, or
$10, whichever is greater, but no penalty may exceed $1,000 for each delinquent
payment.

6. When a public utility sells, transfers
or conveys substantially all of its assets or certificate of public convenience
and necessity, the commission shall determine, levy and collect the accrued
assessment for the current year not later than 30 days after the sale, transfer
or conveyance, unless the transferee has assumed liability for the assessment.
For purposes of this subsection the jurisdiction of the commission over the
selling, transferring or conveying public utility continues until it has paid the
assessment.

7. The commission may bring an
appropriate action in its own name for the collection of any assessment and
penalty which is not paid as provided in this section.

8. The commission shall, on a quarterly
basis, transfer to the account for the consumers advocate of the bureau of consumer protection in the office of the
attorney general that portion of the assessments collected which belongs
to the consumers advocate.

Sec. 71. NRS 704.110 is
hereby amended to read as follows:

704.110 Except as otherwise provided in
NRS 704.075 or as otherwise provided by the commission pursuant to NRS 704.095
or 704.097:

1. Whenever there is filed with the
commission any schedule stating a new or revised individual or joint rate [, fare] or charge, or any new or revised
individual or joint regulation or practice affecting any rate [, fare] or charge, or any schedule
resulting in a discontinuance, modification or restriction of service, the
commission may, upon complaint or upon its own motion without complaint, at
once, without answer or formal pleading by the interested utility, investigate
or, upon reasonable notice, conduct a hearing concerning the propriety of the
rate, [fare,] charge,
classification, regulation, discontinuance, modification, restriction or
practice.

2. Pending the investigation or hearing
and the decision thereon, the commission, upon delivering to the utility affected
thereby a statement in writing of its reasons for the suspension, may suspend
the operation of the schedule and defer the use of the rate, [fare,] charge, classification,
regulation, discontinuance, modification, restriction or practice, but not for
more than 150 days beyond the time when the rate, [fare,]
charge, classification, regulation, discontinuance, modification, restriction
or practice would otherwise go into effect.

3. Whenever there is filed with the
commission any schedule stating an increased individual or joint rate [, fare] or charge for service or
equipment, the public utility shall submit with its application a statement
showing the recorded results of revenues, expenses, investments and costs of
capital for its most recent 12 months for which data were available when the
application was prepared. During any hearing concerning the increased rates,
fares or charges determined by the commission to be necessary, the commission
shall consider evidence in support of the increased rates [, fares] or charges based upon actual
recorded results of operations for the same 12 months, adjusted for increased
revenues, any increased investment in facilities, increased expenses for
depreciation,certain other operating expenses as
approved by the commission and changes in the costs of securities which are
known and are measurable with reasonable accuracy at the time of filing and
which will become effective within 6 months after the last month of those 12
months, but no new rates [, fares]
or charges may be placed into effect until the changes have been experienced
and certified by the utility to the commission. The commission shall also
consider evidence supporting expenses for depreciation, calculated on an annual
basis, applicable to major components of the public utilitys plant placed into
service during the recorded test period or the period for certification as set
forth in the application. Adjustments to revenues, operating expenses and costs
of securities must be calculated on an annual basis. Within 90 days after the
filing with the commission of the certification required in this subsection, or
before the expiration of any period of suspension ordered pursuant to subsection
2, whichever time is longer, the commission shall make
such order in reference to those rates [, fares] or charges as is required by
this chapter.

make such order in reference to those rates [, fares] or charges as is required by
this chapter.

4. After full investigation or hearing,
whether completed before or after the date upon which the rate, [fare,] charge, classification,
regulation, discontinuance, modification, restriction or practice is to go into
effect, the commission may make such order in reference to the rate, [fare,] charge, classification,
regulation, discontinuance, modification, restriction or practice as would be
proper in a proceeding initiated after the rate, [fare,]
charge, classification, regulation, discontinuance, modification, restriction
or practice has become effective.

5. Whenever an application is filed by a
public utility for an increase in any rate [,
fare] or charge based upon increased costs in the purchase of
fuel or power, and the public utility has elected to use deferred accounting
for costs of the purchase of fuel or power in accordance with the commissions
regulations, the commission, by appropriate order after a public hearing, shall
allow the public utility to clear the deferred account not more often than
every 6 months by refunding any credit balance or recovering any debit balance
over a period not to exceed 1 year as determined by the commission. The
commission shall not allow a recovery of a debit balance or any portion thereof
in an amount which would result in a rate of return in excess of the rate of return
most recently granted the public utility.

6. Except as otherwise provided in
subsection 7 or in NRS 707.350, whenever a general rate application for an
increased rate [, fare] or charge
for, or classification, regulation, discontinuance, modification, restriction
or practice involving service or equipment has been filed with the commission,
a public utility shall not submit another general rate application until all
pending general rate applications for increases in rates submitted by that
public utility have been decided unless, after application and hearing, the
commission determines that a substantial financial emergency would exist if the
other application is not permitted to be submitted sooner.

7. A public utility may not file an
application to recover the increased cost of purchased fuel, purchased power,
or natural gas purchased for resale more often than once every 30 days.

8. A utility facility identified in a
3-year plan submitted pursuant to NRS 704.741 [or
704.755] and accepted by the commission for acquisition or
construction pursuant to NRS 704.751 [or 704.755]
and the regulations adopted pursuant thereto shall be deemed to be a prudent
investment. The utility may recover all just and reasonable costs of planning
and constructing such a facility. [For the
purposes of this subsection, utility facility has the meaning ascribed to it
in subsections 1, 2 and 3 of NRS 704.860.]

Sec. 72. NRS 704.130 is
hereby amended to read as follows:

704.130 1. All rates, [fares,] charges, classifications and
joint rates fixed by the commission are in force, and are prima facie lawful,
from the date of the order until changed or modified by the commission, or
pursuant to NRS 703.373 to 703.376, inclusive.

2. All regulations, practices and service
prescribed by the commission must be enforced and are prima facie reasonable
unless suspended or found otherwise in an action brought for the purpose,
pursuant to the provisions of NRS 703.373 to 703.376,
inclusive, or until changed or modified by the commission itself upon
satisfactory showing made, or by the public utility by filing a bond pursuant
to NRS 703.374.

NRS 703.373 to 703.376, inclusive, or until changed or
modified by the commission itself upon satisfactory showing made, or by the
public utility by filing a bond pursuant to NRS 703.374.

Secs. 73 and 74. (Deleted by
amendment.)

Sec. 75. NRS 704.210 is
hereby amended to read as follows:

704.210 The commission may:

1. Adopt necessary and reasonable
regulations governing the procedure, administration and enforcement of the
provisions of this chapter, subject to the provisions of NRS 416.060.

2. Prescribe classifications of the
service of all public utilities and, except as otherwise provided in NRS
704.075, fix and regulate the rates therefor.

3. Fix just and reasonable charges for transportation
of all intrastate freight and passengers [,
accommodations in sleeping cars and all matter carried by express companies
within the state, for the transportation of messages by telegraph companies,]
and the rates and tolls for the use of telephone lines within the state.

4.Adopt just and reasonable
regulations for the apportionment of all joint rates and charges between public
utilities.

5. Consider the need for the conservation
of energy when acting pursuant to the provisions of subsections 1, 2 and 3.

Sec. 76. NRS 704.223 is
hereby amended to read as follows:

704.223 1. If a business
with a new industrial load has been certified by the commission on economic
development pursuant to NRS 231.139, the public [service]utilities commission of Nevada may authorize a
public utility that furnishes electricity for the business to purchase or
transmit a portion of the electricity provided to the business to reduce the
overall cost of the electricity to the business. The purchases of electricity
may be made by the business with the new industrial load, by agreement between
the public utility and the business or by the public utility on behalf of the
business, and must be made in accordance with such rates, terms and conditions
as are established by the public [service]utilities commission of Nevada.

2. If additional facilities are
determined by the affected utility to be required as the result of
authorization granted pursuant to subsection 1, the facilities must be
constructed, owned and operated by the affected utility. The business must
agree as a condition to the authorization granted pursuant to subsection 1 to
continue its business in operation in Nevada for 30 years. The agreement must
require appropriate security for the reimbursement of the utility for the
remaining portion of the value of the facilities which has not been depreciated
by the utility and will not be mitigated by use of the facilities for other
customers in the event that the business, or its successor in interest, does
not remain in operation for 30 years.

3. Nothing in this section authorizes the
Federal Energy Regulatory Commission to order the purchase or transmittal of
electricity in the manner described in subsection 1.

4. All of the rules, regulations and
statutes pertaining to the public [service]utilities commission of Nevada and public
utilities apply to actions taken pursuant to this section.

5. Any authorization granted by the
public [service]utilities commission of Nevada pursuant to this section
must include such terms and conditions as the commission determines are
necessary to ensure that the rates or charges assessed to other customers of
the public utility do not subsidize the cost of providing service to the
business.

Sec. 77. NRS 704.275 is
hereby amended to read as follows:

704.275 The commission shall determine
whether a hearing must be held when the proposed change by a public utility
furnishing telephone service in any schedule stating a new or revised
individual or joint rate [, fare]
or charge, or any new or revised individual or joint regulation or practice
affecting any rate [, fare] or
charge, will result in an increase in annual gross revenue as certified by the
applicant of $50,000 or 10 percent of the applicants gross revenue, whichever
is less.

Sec. 78. NRS 704.310 is
hereby amended to read as follows:

704.310 1. Whenever any
person, company, corporation or association which is not engaged in business as
a public utility as defined by this chapter, and which does not furnish, sell,
produce or deliver to others light, heat [, power
or water,]or power, under a
franchise received from [the]this state or from any county or municipality within [the state, shall be]this state, is able, from any surplus beyond the needs
or requirements of its own business, and [shall
desire]desires to sell, produce,
furnish and deliver to any other person, company, association or corporation
any light, heat [, power or water, such]or power, the person, company, association or
corporation shall apply to the commission for authority to sell, produce,
furnish or deliver any such surplus light, heat [,
power or water,]or power, and
shall submit to the commission the proposed contract by which such light, heat [, power or water]or power is to be sold, furnished, produced or
delivered.

2. The commission shall thereupon
ascertain whether it is advisable in the public interest that [such]the
contract be executed and, if the commission [shall
approve such]approves the
contract, then [such]the person, company, corporation or association [shall have]has
the right to furnish, sell, produce and deliver such light, heat [, power or water]or power in accordance with the terms of [such]the
contract, and [shall]does not thereby become a public utility within the
meaning of this chapter, nor [shall it be]is it subject to the jurisdiction of the
commission.

Sec. 79. NRS 704.340 is
hereby amended to read as follows:

704.340 1. Subject to the
provisions of subsection 3, a municipality constructing, leasing, operating or
maintaining any public utility or a trust created for the benefit and
furtherance of any public function pursuant to the provisions of general or
special law, [other than a trust which undertakes
to provide transportation by use of a motor vehicle as a common or contract
carrier,] is not required to obtain a certificate of public
convenience, but any trust so created which undertakes the operation of a
public utility shall first submit a certified copy of the trust documents or
prepared trust documents to the commission together with a detailed explanation
of the purposes, scope, area to be affected and such other pertinent
information necessary to assist the commission in making a determination as to
whether the service presently being offered by any
existing public utility would be unreasonably impaired by the approval of such
trust documents.

the service presently being offered by any existing public
utility would be unreasonably impaired by the approval of such trust documents.

2. The commission shall, after
investigation and hearing on any contemplated trust coming within the
provisions of subsection 1, submit a report of its findings and reasons
therefor to the state and each political subdivision within which such trust
contemplates operation. Such trust [shall]does not become effective unless and until
written approval has been given by the commission.

3. If a municipality assumes operation
and control of a package plant for sewage treatment pursuant to the provisions
of NRS 445A.555 or subsection 2 or 3 of NRS 268.4105, the plant is exempt from
the jurisdiction of the commission only for the period of time the municipality
continues the maintenance and operation of the plant. The certificate of public
convenience as it applies to that plant is suspended for that period of time.

Sec. 80. NRS 704.640 is
hereby amended to read as follows:

704.640 Any person who:

1. Operates any public utility to which
NRS 704.005 to 704.751, inclusive, and sections 58 to
63, inclusive, of this act, applies without first obtaining a
certificate of public convenience and necessity or in violation of its terms;

2. Fails to make any return or report
required by NRS 704.005 to 704.751, inclusive, and
sections 58 to 63, inclusive, of this act, or by the commission pursuant
to NRS 704.005 to 704.751, inclusive [;]and sections 58 to 63, inclusive, of this act;

3. Violates, or procures, aids or abets
the violating of any provision of NRS 704.005 to 704.751, inclusive [;]and
sections 58 to 63, inclusive, of this act;

4. Fails to obey any order, decision or
regulation of the commission;

5. Procures, aids or abets any person in
his failure to obey the order, decision or regulation; or

6. Advertises, solicits, proffers bids or
otherwise holds himself out to perform as a public utility in violation of any
of the provisions of NRS 704.005 to 704.751, inclusive, and
sections 58 to 63, inclusive, of this act,

shall be fined not more than $500.

Sec. 81. NRS 704.669 is
hereby amended to read as follows:

704.669 1. Except as otherwise provided in subsection 2, every corporation
or other person who sells geothermal energy to the public is affected with a
public interest, is a public utility and is subject to the jurisdiction and
control of the commission. The authority of the commission to regulate such persons
is limited to the authority granted by this section and NRS 704.033 and
704.035.

2. This section does not apply to any
corporation or other person described in subsection [6]4 of NRS 704.030 or to any political subdivision
of the state authorized to sell energy to the public.

3. The commission shall adopt just and
reasonable regulations governing the sale of energy from geothermal resources
to the public. The regulations must provide for a system of operating permits
which:

(a) May not be denied because the area which the
applicant proposes to serve is already being served by a gas or electric
utility.

(b) May not convey an exclusive right to supply
geothermal energy in the area which the applicant proposes to serve.

(c) Specify in each case the geographic area in
which the applicant reasonably can provide the services authorized in the
permit.

(d) Require the applicant to enter into a
contract with each customer served by the utility. The form and scope of the
contract must be subject to review and approval of the commission. The contract
must specify at least:

(1) The period of time during which
service will be provided. The contract must provide for a period of at least 3
years unless such a provision is expressly waived by the customer.

(2) The rates or the formula for
determining rates to be charged during the term of the contract.

(3) That the utility will submit to
binding arbitration, pursuant to chapter 38 of NRS, matters relating to damages
suffered by the customer as a result of a disruption in service and that in any
such arbitration, the utility is liable for damages unless it establishes that
the disruption was caused by circumstances beyond its control, or another
affirmative defense, or establishes that it was not negligent.

4. Before issuing an operating permit the
commission must find that:

(a) The applicant is fit, willing and able to
provide the services authorized in the permit.

(b) The applicant has tested the geothermal
reservoir to determine whether it appears to be capable of providing sufficient
energy to supply the intended uses.

(c) The system which the applicant intends to
use to produce and distribute the heat meets appropriate standards.

5. The commission has continuing
authority to regulate the utilities described in this section to ensure that
each utility adheres to the conditions set forth in its operating permit and
that the utility provides adequate services.

Sec. 82. NRS 704.755 is
hereby amended to read as follows:

704.755 [1.] A
utility which supplies natural gas in this state shall [,
periodically, as]file annually with the
commission, in a format prescribed by the commission, [submit to the commission a plan]an informational report which describes:

[(a)]1. The anticipated demand for natural gas
made on its system by its customers;

[(b)]2. The estimated cost of supplying natural
gas sufficient to meet the demand and the means by which the utility proposes
to minimize that cost; [and

(c)]3. The sources of planned acquisitions of
natural gas, including an estimate of the cost and quantity of the acquisitions
to be made from each source and an assessment of the reliability of the source [.

2. The commission
shall, by regulation, provide for the procedure and schedule for and the
contents and method of preparing, reviewing and approving the plan.

3. The costs of
preparing the plan are allowable expenses of the utility for the purpose of
establishing rates. The commission may provide for the timely recovery of those
costs.

4. The application
of this section is limited to any public utility in the business of supplying
natural gas which has an annual operating revenue in this state of $10,000,000
or more.]; and

4. Significant
operational or capital requirements of the utility related to its provision of
gas service in this state.

Sec. 83. (Deleted by
amendment.)

Sec. 84. NRS 704.825 is
hereby amended to read as follows:

704.8251. The
legislature hereby finds and declares that:

(a) There is at present and will continue to be
a growing need for electric, gas and water services which will require the
construction of new facilities. It is recognized that such facilities cannot be
built without in some way affecting the physical environment where such
facilities are located.

(b) It is essential in the public interest to
minimize any adverse effect upon the environment and upon the quality of life
of the people of the state which such new facilities might cause.

(c) Present laws and practices relating to the
location of such utility facilities should be strengthened to protect
environmental values and to take into account the total cost to society of such
facilities.

(d) Existing provisions of law may not provide
adequate opportunity for natural persons, groups interested in conservation and
the protection of the environment, state and regional agencies, local
governments and other public bodies to participate in [any
and all proceedings before the public service commission of Nevada]proceedings regarding the location and
construction of major facilities.

2. The legislature, therefore, hereby
declares that it is the purpose of NRS 704.820 to 704.900, inclusive, to
provide a forum for the expeditious resolution of all matters concerning the
location and construction of electric, gas and water transmission lines and
associated facilities.

Sec. 85. NRS 704.850 is
hereby amended to read as follows:

704.850Person includes a natural person, corporation, partnership, public utility, government,
[a] governmental agency ,[and a]
political subdivision of a government [.]and any other entity that seeks to construct a utility
facility.

Sec. 86. NRS 704.855 is
hereby amended to read as follows:

704.8551. Public
utility or utility includes those public utilities defined in NRS 704.020
and not excluded by NRS 704.030 and any oil pipeline carrier described and
regulated under chapter 708 of NRS.

2. [Public
utility also includes any corporation which:

(a) Is a parent or an
affiliated corporation of a public utility or a subsidiary of that parent or
affiliated corporation; and

(b) Owns, independently
or in combination with any other public utility, a one-third interest in a
utility facility.

3.] Public
utility does not include plants or equipment used to generate electrical
energy that is wholly consumed on the premises of and by the producer thereof.

1. Electric generating plants and their
associated facilities [;], other than plants and their associated facilities that are
located in counties whose population is 100,000 or more;

2. Electric transmission lines and
transmission substations designed to operate at 200 kilovolts or more, and not
required by local ordinance to be placed underground when constructed outside
any incorporated city;

4. Water storage, transmission and
treatment facilities [;], other than facilities for the storage, transmission or
treatment of water from mining operations; and

5. Sewer transmission and treatment
facilities.

Sec. 88. NRS 704.870 is
hereby amended to read as follows:

704.8701. A [public utility which]person who applies for a permit must file with the
commission an application, in such form as the commission prescribes,
containing:

(a) A description of the location and of the
utility facility to be built thereon;

(b) A summary of any studies which have been
made of the environmental impact of the facility; and

(c) [A statement
explaining the need for the facility; and

(d)] A
description of any reasonable alternate location or locations for the proposed
facility, a description of the comparative merits or detriments of each
location submitted, and a statement of the reasons why the primary proposed
location is best suited for the facility . [;

(e) A summary of the
examination of conservation measures and alternative sources of energy which
was made before the construction of a facility using fossil fuel; and

(f) Such other
information as the applicant may consider relevant or as the commission may by
regulation or order require.]

A copy or copies of the studies referred to in paragraph (b)
must be filed with the commission and be available for public inspection.

2. [A
person who is not a public utility and who applies for a permit must file with
the commission an application, in such form as the commission prescribes,
containing:

(a) A description of the
location and of the utility facility to be built thereon;

(b) A summary of any
studies which have been made of the environmental impact of the facility; and

(c) Such other
information as the applicant may consider relevant.

3.] A
copy of the application must be filed with the administrator of the division of
environmental protection of the state department of conservation and natural
resources.

[4.]3. Each application must be accompanied
by:

(a) Proof of service of a copy of the
application on the clerk of each local government in the area in which any
portion of the facility is to be located, both as primarily and as
alternatively proposed; and

(b) Proof that public notice thereof was given
to persons residing in the municipalities entitled to receive notice [under]pursuant
to paragraph (a) by the publication of a summary of the application in
newspapers published and distributed in the area in which the utility facility
is proposed to be located.

Sec. 89. NRS 704.885 is
hereby amended to read as follows:

704.885 1. The parties to a
permit proceeding include:

(a) The applicant.

(b) The division of environmental protection of
the state department of conservation and natural resources.

(c) Each local government entitled to receive
service of a copy of the application [under
subsection 4]pursuant to subsection 3
of NRS 704.870, if it has filed with the commission a notice of intervention as
a party, within [45]30 days after the date it was served with a copy of the
application.

(d) Any person residing in a local government
entitled to receive service of a copy of the application [under subsection 4]pursuant to subsection 3 of NRS 704.870, if such a
person has petitioned the commission for leave to intervene as a party within [45]30
days after the date of the published notice and if the petition has been
granted by the commission for good cause shown.

(e) Any domestic nonprofit corporation or
association, formed in whole or in part to promote conservation of natural
beauty, to protect the environment, personal health or other biological values,
to preserve historical sites, to promote consumer interests, to represent
commercial and industrial groups, or to promote the orderly development of the
areas in which the facility is to be located, if it has filed with the
commission a notice of intent to be a party within [45]30 days after the date of the published notice.

2. Any person may make a limited
appearance in the proceeding by filing a statement of position within [45]30
days after the date of the published notice. A statement filed by a person
making a limited appearance becomes part of the record. No person making a
limited appearance has the right to present oral testimony or cross-examine
witnesses.

3. The commission may, for good cause
shown, grant a petition for leave to intervene as a party to participate in
subsequent phases of the proceeding, filed by a municipality, government
agency, person or organization who is identified in paragraph (c), (d) or (e)
of subsection 1, but who failed to file in a timely manner a notice of
intervention, a petition for leave to intervene or a notice of intent to be a
party, as the case may be.

Sec. 90. NRS 704.890 is
hereby amended to read as follows:

704.890 1. [The]Within 150
days after a person has filed an application for a permit, the
commission shall render a decision upon the record either granting or denying
the application as filed, or granting it upon such terms, conditions or
modifications of the construction, operation or maintenance of the utility
facility as the commission deems appropriate.

2. [The]Except as otherwise provided in subsection 6, the
commission may not grant a permit for the construction, operation and
maintenance of a utility facility, either as proposed or as modified by the
commission, to a [public utility]person unless it finds and determines:

[(c)](b) That the facility represents the minimum
adverse effect on the environment, considering the state of available
technology and the nature and economics of the various alternatives [, and other pertinent considerations;];

[(d)](c) That the location of the facility as proposed
conforms to applicable state and local laws and regulations issued thereunder; and

[(e)](d) That the facility will serve the public interest .[; and

(f) That if the facility
or a part thereof is intended to meet the requirements of customers in this
state for electricity, it is included in the utilitys plan to increase its
supply of electricity or decrease the demands made on its system by its
customers.

3. The commission
may not grant a permit for the construction, operation and maintenance of a
utility facility, either as proposed or as modified by the commission, to a
person other than a public utility unless it finds and determines:

(a) The nature of the
probable environmental impact; and

(b) That the location of
the facility as proposed conforms to applicable state and local environmental
laws and regulations issued thereunder.

4.]3. If the commission determines that the
location of all or a part of the proposed facility should be modified, it may
condition its permit upon such a modification.

[5.]4. A copy of the order and any opinion
issued with it must be served upon each party.

[6. The
commission may require that any person applying for a permit to construct a
plant for generating electrical energy offer the energy or capacity of the
project to all public utilities in this state which primarily serve retail
customers. If the offer is declined, the applicant may export the capacity of
the project. If less than 50 percent of the capacity of such a project sold
during its first 156 months of commercial operation is sold to public utilities
in this state, the applicant shall reoffer the capacity of the project to all
public utilities in this state. This reoffer must provide an opportunity to
purchase energy or capacity at fair market value and ensure that 50 percent of
the total capacity of the project is available to public utilities in this
state. Any purchase of energy or capacity as a result of the reoffer is
effective 84 months after the execution of the contracts of purchase.]

5. The
requirements set forth in paragraph (d) of subsection 2 do not apply to any
application for a permit which is filed by a state government or political
subdivision thereof.

Sec. 91. NRS 704.891 is
hereby amended to read as follows:

704.891 Any person other than a public
utility who receives a permit pursuant to subsection [3]2 of NRS 704.890 shall, on or before the date on which construction of a utility facility is
commenced and on a date no later than 12 months before the scheduled date of
commercial operation of that facility, file with the commission reports which
contain:

3. Information regarding whether any
public utility in this state has contracted for the purchase of the capacity or
other services of that facility; and

4. Information regarding whether any
capacity or other services of that facility is available for purchase by public
utilities in this state.

Sec. 92. NRS 704.950 is
hereby amended to read as follows:

704.950 1. The tenant of a
lot in a mobile home park or occupant of a dwelling in a company town who
believes that the landlord or owner has violated the provisions of NRS 704.930,
704.940 or 704.960 may complain to the division of consumer [relations]complaint
resolution of the commission. The division shall receive and promptly
investigate the complaint. If the division is unable to resolve the complaint,
the division shall transmit the complaint and its recommendation to the
commission.

2. The commission shall investigate, give
notice and hold a hearing upon the complaint, applying to the extent
practicable the procedures provided for complaints against public utilities in
chapter 703 of NRS.

3. If the commission finds that the
landlord of the mobile home park or owner of the company town has violated the
provisions of NRS 704.930, 704.940 or 704.960, it shall order him to cease and
desist from any further violation. If the violation involves an overcharge for
a service, the commission shall determine the amount of the overcharge and
order the landlord or owner to return that amount to the tenant or occupant
within a specified time.

4. If the landlord or owner fails or
refuses to comply with its order, the commission may compel compliance by any
appropriate civil remedy available to it under this chapter. For the purposes
of compelling compliance by the landlord or owner, the commission may use such
methods as are available for the commission to compel the compliance of a
public utility.

Sec. 93. NRS 704A.180 is
hereby amended to read as follows:

704A.180 1. Within 15 days
after the receipt of the petition, each public utility corporation other than
the municipality shall notify the municipality of the petitions receipt and
shall request the municipality to notify the public utility corporation of the
basis to be used by the municipality in the apportionment of the costs to be defrayed
by special assessments levied against the specially benefited lots within the
proposed service district if the facilities of the public utility corporation
therein are to be placed underground under this chapter.

2. Within 30 days of the receipt by the
municipality of each such request, or, if the public utility corporation is the
municipality, the petition, the governing body shall state, by resolution, the
basis for the apportionment of those costs by assessments against the specially
benefited lots, subject to the provisions of subsections 5 and 6 of NRS
704A.240, and shall forthwith cause a certified true copy of the resolution
pertaining to each public utility corporation requesting the basis of
assessments to be furnished thereto.

3. Within 120 days after receipt of the
basis for assessments, or, if the public utility corporation is the
municipality, after the adoption of the resolution, each public utility
corporation serving the area shall:

(a) Make a study of the cost of providing new
underground electric and communication facilities or conversion of its
facilities in the area to underground service.

(b) Make available in its office to the
petitioners and to all owners of real property within the proposed service
district a joint report of the results of the study of the public utility
corporations affected.

4. If a public utility corporation
subject to the jurisdiction of the public [service]utilities commission of Nevada determines as a
result of the study that installation of the proposed service is not
economically or technically feasible, it may, with the concurrence of the
public [service]utilities commission of Nevada, so state in the joint
report and proceed no further toward installation of the proposed service.
Nothing in this chapter requires the public [service]utilities commission of Nevada to participate in
preparation of the joint report referred to in this section.

5. If a public utility corporation is a
city or county and if it determines as a result of the study that installation
of the proposed service is not economically or technically feasible, it may,
with the concurrence of its governing body, as provided by resolution so state
in the joint report and proceed no further toward installation of the proposed
service.

6. Except for the facilities of each
public utility corporation described in subsection 4 or 5, if any, the joint
report must:

(a) Contain an estimate of the costs to be
assessed to each lot of real property located within the proposed service
district for the construction of new facilities or conversion of facilities
within public places.

(b) Indicate the estimated cost to be assessed
to each lot of real property for placing underground the facilities of the
public utility corporation located within the boundaries of each lot.

(c) Indicate the estimated cost, if any, to be
borne by the public utility corporation for any facilities to be provided by it
and which remain its property rather than becoming property of owners of
individual lots, as provided by regulations of the public [service]utilities
commission of Nevada in the case of a public utility corporation other than a
city or county, and, in the case of any public utility corporation, by any
other applicable laws, ordinances, rules or regulations.

7. The costs of preparing the joint
report must be borne by the public utility corporation or corporations whose
electric or communication facilities are to be included in the proposed service
district unless the governing body orders the establishment of the service
district, in which event the costs must be included in the costs of the service
district.

Sec. 94. NRS 704A.240 is
hereby amended to read as follows:

704A.240 1. At the place,
date and hour specified for the hearing in the notice or at any subsequent time
to which the hearing may be adjourned the governing body shall give full
consideration to all written objections which have been filed and shall hear
all owners of real property within the proposed service district desiring to be
heard.

2. If the governing body determines at
the hearing that:

(a) The requirements for the establishment of a
service district have been satisfied;

(b) Objections have not been filed in writing by
more than 40 percent of the owners of real property within the proposed service
district, or by owners of more than 40 percent of the real property on a square
foot basis in the proposed service district;

(c) Considering all objections, the cost of
construction or conversion as contained in the joint report prepared pursuant
to NRS 704A.180 is economically and technically feasible for the public utility
corporations involved and the owners of real property affected; and

(d) The proposed service district is a
reasonably compact area of reasonable size,

the governing body shall enact an ordinance establishing the
area as a service district.

3. The ordinance [shall:]must:

(a) State the costs to be assessed to each lot
in the service district, [which shall include]including the appropriate share of all costs
referred to in NRS 704A.180 and 704A.210.

(b) Direct the public utility corporation owning
overhead electric or communication facilities within the service district to
construct or convert such facilities to underground facilities and, in the case
of a public utility corporation other than a city or county, in accordance with
standard underground practices and procedures approved by the public [service]utilities
commission of Nevada.

(c) State the method of levying assessments, the
number of installments, and the times when the costs assessed will be payable.

4. Before enacting an ordinance
establishing a service district, the governing body shall exclude by resolution
or ordinance any territory described in the petition which the governing body
finds will not be benefited by inclusion in the service district or for which
territory construction or conversion is not economically or technically
feasible.

5. The basis for apportioning the
assessments:

(a) [Shall]Must be in proportion to the special benefits
derived to each of the several lots comprising the assessable property within
the service district; and

(b) [Shall]Must be on a front foot, area, zone or other
equitable basis as determined by the governing body.

6. Regardless of the basis used for the
apportionment of assessments, in cases of wedge or V or any other irregularly
shaped lots, an amount apportioned thereto [shall]must be in proportion to the special benefits
thereby derived.

7. The assessable property in the service
districts consists of the lots specially benefited by the construction or
conversion of service facilities, except:

(a) Any lot owned by the Federal Government in
the absence of consent of Congress to its assessment; and

(b) Any lot owned by the municipality.

Sec. 95. NRS 704A.300 is
hereby amended to read as follows:

704A.300 1. The service
facilities within the boundaries of each lot within an underground conversion
service district must be placed underground at the same time as or after the
underground system in private easements and public places
is placed underground.

easements and public places is placed underground. The
public utility corporation involved, directly or through a contractor, shall,
in accordance with the rules and regulations of the public utility corporation,
but subject to the regulations of the public [service]utilities commission of Nevada in the case of a
public utility corporation other than a city or county, and, in the case of any
[public] utility corporation,
subject to any other applicable laws, ordinances, rules or regulations of the
municipality or any other public agency under the police power, convert to
underground its facilities on any such lot in the case of:

(a) An electric public utility, up to the
service entrance.

(b) A communication public utility, to the
connection point within the house or structure.

2. All costs or expenses of conversion
must be included in the costs on which the underground conversion cost for such
property is calculated, as provided in this chapter.

Sec. 96. NRS 705.210 is
hereby amended to read as follows:

705.210 1. As used in this
section:

(a) Employees means persons actually engaged
in or connected with the movement of any train.

(b) Railroad includes all bridges and ferries
used or operated in connection with any railroad, and also all the road in use
by any common carrier operating a railroad, whether owned or operated under a
contract agreement or lease.

2. The provisions of this section [shall] apply to any common carrier or
carriers, their officers, agents and employees engaged in the transportation of
passengers or property by railroad in the State of Nevada.

3. It [shall
be]is unlawful for any common
carrier, its officers or agents, subject to this section, to require or permit
any employee subject to this section to be or remain on duty for a longer
period than 16 consecutive hours, and whenever any such employee of such common
carrier [shall have]has been continuously on duty for 16 hours he [shall]must
be relieved and not required or permitted again to go on duty until he has had
at least 10 consecutive hours off duty. No such employee who has been on duty
16 hours in the aggregate in any 24-hour period [shall]must be required or permitted to continue or
again go on duty without having had at least 8 consecutive hours off duty.

4. No employee who, by the use of the
telegraph or telephone or other electrical device, dispatches, reports,
transmits, receives or delivers orders or who from towers, offices, places and
stations operates signals or switches or similar mechanical devices
controlling, pertaining to, or affecting the movement of trains of more than
two cars [shall]must be required or permitted to be or remain on duty
in any 24-hour period for a longer period than 8 hours, which [period of 8 hours shall]must be wholly within the limits of a continuous shift
and upon the completion of [which period such
employee shall]that period the employee
must not be required or permitted again to go on duty until the
expiration of 16 hours. This subsection [shall]does not apply to employees who , in case of emergency ,
use the telephone to obtain orders or information governing the movement of
trains. In case of emergency, [the employees
named in this subsection]such employees
may be permitted to be and remain on duty for 4 additional hours in a 24-hour
period of not exceeding 3 days in any week.

such employees may be
permitted to be and remain on duty for 4 additional hours in a 24-hour period
of not exceeding 3 days in any week.

5. Any common carrier, or any officer or
agent thereof, requiring or permitting any employee to go, be or remain on duty
in violation of subsections 3 and 4 shall be punished by a fine of not more
than $500.

6. In all prosecutions under this section
the common carrier shall be deemed to have had knowledge of all acts of its
officers and agents.

7. The provisions of this section [shall]do
not apply:

(a) In any case of casualty or unavoidable
accident or the act of God.

(b) Where the delay was the result of a cause
not known to the carrier or its officers or agents in charge of such employee
at the time the employee left the terminal and which could not have been
foreseen.

(c) To the crews of wrecking or relief trains.

(d) To railroads not maintaining a regular night
train schedule.

8. The public [service]utilities commission of Nevada shall:

(a) Execute and enforce the provisions of this
section, and all powers granted by law to the public [service]utilities commission of Nevada are hereby
extended to it in the execution of this section.

(b) Lodge with the proper district attorneys
information of any violations of this section which may come to its knowledge.

Sec. 97. NRS 705.360 is
hereby amended to read as follows:

705.360 1. Every company,
corporation lessee, manager or receiver, owning or operating a railroad in this
state, shall equip, maintain, use and display at night upon each locomotive
being operated in road service in this state an electric or other headlight of
at least 1,500 candle power, measured without the aid of a reflector. Any
electric headlight which will pick up and distinguish a man dressed in dark
clothes upon a dark, clear night at a distance of 1,000 feet is deemed the
equivalent of a 1,500 candle power headlight measured without the aid of a
reflector.

2. This section does not apply to:

(a) Locomotive engines regularly used in
switching cars or trains.

(b) Railroads not maintaining regular night
train schedules.

(c) Locomotives going to or returning from
repair shops when ordered in for repairs.

3. Any railroad company, or the receiver
or lessee thereof, which violates the provisions of this section is liable to
the public [service]utilities commission of Nevada for a penalty of not
more than $1,000 for each violation.

Sec. 98. NRS 705.370 is
hereby amended to read as follows:

705.370 1. Each railroad
company or corporation or its receiver, owning or operating any railroad within
this state, shall equip and maintain in each of its passenger trains, cabooses,
locomotives, motors or diesel engines used in the propelling of trains or
switching of cars an emergency first-aid kit whose contents must be those
prescribed by the public [service]utilities commission of Nevada. Each passenger train
and each caboose must be equipped with at least one stretcher. All of the
contents of the emergency first-aid kits, except the stretchers, must be stored
on each passenger train, caboose, locomotive, motor or diesel engine, in a
clean, sanitary and sterile container and in an
accessible place at all times, which places, including the storage places of
stretchers, must be plainly designated.

container and in an accessible place at all times, which
places, including the storage places of stretchers, must be plainly designated.

2. The employee of any railroad company
or corporation or its receiver, having charge of any passenger train, caboose,
locomotive, motor or diesel engine, shall as soon as possible report in writing
to the office or officer designated by the company, corporation or receiver for
the purpose, whenever any of the emergency first-aid kit has been used or has
been found missing. The emergency first-aid kit must only be used to render
first medical or surgical aid to injured passengers, employees or other injured
persons requiring first aid.

3. Any railroad company or corporation or
its receiver, which refuses, neglects or fails to comply with the provisions of
this section is liable for a penalty to the public [service]utilities commission of Nevada of $25 for each
failure to equip a passenger train, caboose, locomotive or motor or diesel
engine with the emergency first-aid kit specified in subsection 1.

4. Any person who removes, carries away
from its proper place or uses any emergency first-aid kit provided in this
section, except for the purpose of administering first aid in the event of
injury to any passenger, employee or other person shall be fined not more than
$500.

Sec. 99. NRS 705.420 is
hereby amended to read as follows:

705.420 Any railroad company or receiver
of any railroad company, and any person engaged in the business of common
carrier doing business in the State of Nevada, which violates any of the
provisions of NRS 705.390 is liable to the public [service]utilities commission of Nevada for a penalty of
$500 for each violation.

Sec. 100. NRS 705.421 is
hereby amended to read as follows:

705.421 The department of transportation:

1. Shall develop, in conjunction with the
public [service]utilities commission of Nevada, a state plan for rail
service; and

2. May carry out the plan, including
projects to:

(a) Preserve rail lines;

(b) Rehabilitate rail lines to improve service;
and

(c) Restore or improve freight service on rail
lines which are potentially subject to abandonment.

Secs. 101 and 102. (Deleted by
amendment.)

Sec. 103. Chapter 706 of NRS
is hereby amended by adding thereto the provisions set forth as sections 104 to
128, inclusive, of this act.

Sec. 104. Authority means the transportation services authority
created pursuant to section 105 of this act.

Sec. 105. 1. The transportation services authority is
hereby created.

2. The authority
consists of three members appointed by the governor. After the initial term
each member shall serve a term of 4 years.

3. The governor
shall appoint to the authority members who have at least 2 years of experience
in one or more of the following fields:

At least one but not more than two of
the members appointed must be residents of Clark County.

4. Not more than
two of the members may be:

(a) Members of the same
political party.

(b) From the same field
of experience.

5. All of the
members must be persons who are independent of the industries regulated by the
authority. No elected officer of this state or any political subdivision is
eligible for appointment.

6. The members of
the authority shall give their entire time to the business of the authority and
shall not pursue any other business or vocation or hold any other office of
profit.

7. Each member of
the authority serves at the pleasure of the governor.

Sec. 106. 1. The governor shall designate one of the
members of the authority to be chairman. The chairman is the executive officer
of the authority and serves at the pleasure of the governor.

2. The members of
the authority are in the unclassified service of the state.

Sec. 107. The authority may sue and be sued in the name of the
transportation services authority.

Sec. 108. 1. A majority of the members of the authority may
exercise all of the power and conduct the business of the authority relating to
common or contract carrier, taxicabs, and the warehousing of household goods as
provided in this chapter and chapter 712 of NRS.

2. Except as
otherwise provided in this subsection, public hearings must be conducted by one
or more members of the authority. An administrative proceeding conducted
pursuant to subsection 2 of NRS 706.771 may be conducted by a hearing officer
designated by the chairman of the authority.

Sec. 109. 1. Any common or contract carrier subject to the
jurisdiction of the authority that elects to maintain its books and records
outside the State of Nevada shall, in addition to any other assessment and fees
provided for by law, be assessed by the authority for an amount equal to the
travel expenses and the excess of the out-of-state subsistence allowances over
the in-state subsistence allowances, as fixed by NRS 281.160, of members of the
authority and staff, for investigations, inspections and audits required to be
performed outside this state.

2. The assessments
provided for by this section must be determined by the authority upon the
completion of each such investigation, inspection, audit or appearance and are
due within 30 days after receipt by the affected common or contract carrier of
the notice of assessment.

3. The records of
the authority relating to the additional costs incurred by reason of the
necessary additional travel must be open for inspection by the affected common
or contract carrier at any time within the 30-day period.

Sec. 110. 1. The transportation services authority
regulatory fund is hereby created as a special revenue fund. All money
collected by the authority pursuant to law must be deposited in the state
treasury for credit to the fund.

(d) The salaries, travel
expenses and subsistence allowances of the members of the authority.

3. All claims
against the fund must be paid as other claims against the state are paid.

4. The authority
must furnish upon request a statement showing the balance remaining in the fund
as of the close of the preceding fiscal year.

Sec. 111. Employees of the authority who are peace officers may carry
firearms in the performance of their duties.

Sec. 112. Except as otherwise provided in section 116 of this act, the
authority shall make and publish biennial reports showing its proceedings. All
biennial reports, records, proceedings, papers and files of the authority must
be open at all reasonable times to the public.

Sec. 113. 1. Each fully regulated carrier and common or
contract carrier regulated by the authority shall:

(a) Keep uniform and
detailed accounts of all business transacted in the manner required by the
authority by regulation and render them to the authority upon its request.

(b) Furnish an annual
report to the authority in the form and detail that it prescribes by
regulation.

2. Except as
otherwise provided in subsection 3, the reports required by this section must
be prepared for each calendar year and submitted not later than May 15 of the
year following the year for which the report is submitted.

3. A carrier may,
with the permission of the authority, prepare the reports required by this
section for a year other than a calendar year that the authority specifies and
submit them not later than a date specified by the authority in each year.

4. If the
authority finds that necessary information is not contained in a report
submitted pursuant to this section, it may call for the omitted information at
any time.

Sec. 114. Every annual report, record or statement required by law to be
made to the authority must be submitted under oath by the proper officer, agent
or person responsible for submitting the report, record or statement.

Sec. 115. 1. Except as otherwise provided in subsection 2,
any member of the authority or any officer or employee of the authority who is
designated by the authority may examine during the regular business hours the
books, accounts, records, minutes, papers and property of any person who is regulated
by the authority and who does business in this state, whether or not the book,
account, record, minutes, paper or property is located within this state.

2. No personnel
records of an employee may be examined pursuant to subsection 1 unless the records
contain information relating to a matter of public safety or the authority
determines that the examination is required to protect the interests of the
public.

(d) The title or any
description of the position held by the employee;

(e) The qualifications
required for the position held by the employee;

(f) The business address
of the employee;

(g) The telephone number
of the employee at his place of business;

(h) The work schedule of
the employee;

(i) The date on which the
employee began his employment; and

(j) If applicable, the
date on which the employment of the employee was terminated.

Sec. 116. 1. Any books, accounts, records, minutes, papers
and property of any carrier that are subject to examination pursuant to
sections 112 and 115 of this act, and are made available to the authority, any
officer or employee of the authority, or any other person under the condition
that the disclosure of such information to the public be withheld or otherwise
limited, must not be disclosed to the public unless the authority first
determines that the disclosure is justified.

2. The authority
shall take such actions as are necessary to protect the confidentiality of such
information, including, without limitation:

(a) Granting such
protective orders as it deems necessary; and

(b) Holding closed
hearings to receive or examine such information.

3. If the
authority closes a hearing to receive or examine such information, it shall:

(a) Restrict access to
the records and transcripts of such hearings without the prior approval of the
authority or an order of a court of competent jurisdiction authorizing access
to the records or transcripts; and

(b) Prohibit any
participant at such a hearing from disclosing such information without the
prior authorization of the authority.

4. The authority
shall consider in an open meeting whether the information reviewed or examined
in a closed hearing may be disclosed without revealing the confidential subject
matter of the information. To the extent the authority determines the
information may be disclosed, the information must become a part of the records
available to the public. Information that the authority determines may not be
disclosed must be kept under seal.

Sec. 117. 1. The authority may collect fees for the filing
of any official document required by this chapter or by a regulation of the
authority.

2. Filing fees may
not exceed:

(a) For applications,
$200.

(b) For petitions seeking
affirmative relief, $200.

(c) For each tariff page
that requires public notice and is not attached to an application, $10. If more
than one page is filed at one time, the total fee may not exceed the cost of
notice and publication.

3. If an application
or other document is rejected by the authority because it is inadequate or
inappropriate, the filing fee must be returned.

4. The authority
may not charge any fee for filing a complaint.

Sec. 118. 1. The attorney general shall:

(a) Act as counsel and
attorney for the authority in all actions, proceedings and hearings.

(b) Prosecute in the name
of the transportation services authority all civil actions for the enforcement
of this chapter and for the recovery of any penalty or forfeiture provided for
therein.

(c) Generally aid the
authority in the performance of its duties and the enforcement of this chapter.

2. The attorney
general or any district attorney may prosecute any violation of this chapter or
chapter 712 of NRS for which a criminal penalty is provided.

Sec. 119. The authority may, in carrying out its duties:

1. Cooperate with
the Federal Government and its departments and agencies.

2. Confer with the
regulatory agencies of other states on matters of mutual concern and benefit to
persons served by motor carriers of this state.

3. Use the
services, records, facilities and cooperation of federal and state regulatory
agencies, and hold joint hearings and participate in joint conferences to reach
decisions in matters that require cooperation. All necessary expenses incurred
in attending hearings and conferences outside this state are a charge against
the state and must be audited and paid as other claims against the state are
paid.

Sec. 120. 1. When a complaint is made against any fully
regulated carrier by any person, that any of the rates, tolls, charges or
schedules, or any joint rate or rates are in any respect unreasonable or
unjustly discriminatory, or that any regulation, measurement, practice or act
directly relating to the transportation of persons or property, including the
handling and storage of that property, is, in any respect, unreasonable,
insufficient or unjustly discriminatory, or that any service is inadequate, the
authority shall investigate the complaint. After receiving the complaint, the
authority shall give a copy of it to the carrier or tow car operator against
whom the complaint is made. Within a reasonable time thereafter, the carrier or
tow car operator shall provide the authority with its written response to the
complaint according to the regulations of the authority.

2. If the
authority determines that probable cause exists for the complaint, it shall
order a hearing thereof, give notice of the hearing and conduct the hearing as
it would any other hearing.

3. No order
affecting a rate, toll, charge, schedule, regulation, measurement, practice or
act complained of may be entered without a formal hearing unless the hearing is
dispensed with as provided in section 120 of this act.

Sec. 121. 1. When, in any matter pending before the
authority, a hearing is required by law, or is normally required by the
authority, the authority shall give notice of the pendency of the matter to all
persons entitled to notice of the hearing. The authority shall by regulation
specify:

(b) Where not specified
by law, the persons entitled to notice in each type of proceeding.

2. Unless, within
10 days after the date of the notice of pendency, a person entitled to notice
of the hearing files with the authority a request that the hearing be held, the
authority may dispense with a hearing and act upon the matter pending.

3. If a request
for a hearing is filed, the authority shall give at least 10 days notice of
the hearing.

Sec. 122. 1. A complete record must be kept of all hearings
before the authority, and all testimony must be taken down by the stenographer
appointed by the authority, or, under the direction of any competent person
appointed by the authority, reported by sound recording equipment in the manner
authorized for reporting testimony in district courts. The testimony reported
by a stenographer must be transcribed and filed with the record in the matter.
The authority may by regulation provide for the transcription or safekeeping of
sound recordings. The costs of recording and transcribing testimony at any
hearing, except those hearings ordered pursuant to section 120 of this act must
be paid by the applicant. If a complaint is made pursuant to section 120 of
this act by a customer or by a political subdivision of this state or a
municipal organization, the complainant is not liable for any costs. Otherwise,
if there are several applicants or parties to any hearing, the authority may
apportion the costs among them in its discretion.

2. Whenever any
petition is served upon the authority, before the action is reached for trial,
the authority shall file a certified copy of all proceedings and testimony
taken with the clerk of the court in which the action is pending.

3. A copy of the
proceedings and testimony must be furnished to any party, on payment of a
reasonable amount, to be fixed by the authority, and the amount must be the
same for all parties.

4. The provisions
of this section do not prohibit the authority from restricting access to the
records and transcripts of a hearing pursuant to subsection 2 of section 116 of
this act.

Sec. 123. 1. Any party is entitled to an order by the
authority for the appearance of witnesses or the production of books, papers
and documents containing material testimony.

2. Witnesses
appearing upon the order of the authority are entitled to the same fees and
mileage as witnesses in civil actions in the courts of this state, and the fees
and mileage must be paid out of the state treasury in the same manner as other
claims against the state are paid. No fees or mileage may be allowed unless the
chairman of the authority certifies the correctness of the claim.

Sec. 124. The authority may require, by order to be served on any person
regulated by the authority in the same manner as a subpoena in a civil action,
the production at a time and place designated by the authority of any books,
accounts, papers or records kept by the person in any office or place outside
this state, or verified copies in lieu thereof if the authority so directs, so
that an examination may be made by the authority or under its direction, or for
use as testimony.

Sec. 125. Any person who is aggrieved by any action or inaction of the
taxicab authority pursuant to NRS 706.8819 is entitled to judicial review of
the decision in the manner provided by chapter 233B of NRS. The transportation
services authority may adopt such regulations as may be necessary to provide
for its review of decisions of the taxicab authority.

Sec. 126. 1. A certificate of public convenience and
necessity, permit or license issued in accordance with this chapter is not a
franchise and may be revoked.

2. The authority
may at any time, for good cause shown, after investigation and hearing and upon
5 days written notice to the grantee, suspend any certificate, permit or
license issued in accordance with the provisions of NRS 706.011 to 706.791,
inclusive, and sections 104 to 128, inclusive, of this act for a period not to
exceed 60 days.

3. Upon receipt of
a written complaint or on its own motion, the authority may, after
investigation and hearing, revoke any certificate, permit or license. If
service of the notice required by subsection 2 cannot be made or if the grantee
relinquishes his interest in the certificate, permit or license by so notifying
the authority in writing, the authority may revoke the certificate, permit or
license without a hearing.

4. The proceedings
thereafter are governed by the provisions of chapter 233B of NRS.

Sec. 127. (Deleted by
amendment.)

Sec. 128. 1. A vehicle used as a taxicab, limousine or
other passenger vehicle in passenger service must be impounded by the authority
if a certificate of public convenience and necessity has not been issued
authorizing its operation. A hearing must be held by the authority no later
than the conclusion of the second normal business day after impoundment,
weekends and holidays excluded. As soon as practicable after impoundment, the
authority shall notify the registered owner of the vehicle:

(a) That the registered
owner of the vehicle must post a bond in the amount of $20,000 to ensure his
presence at all proceedings held pursuant to this section;

(b) Of the time set for
the hearing; and

(c) Of his right to be
represented by counsel during all phases of the proceedings.

2. The authority
shall hold the vehicle until the registered owner of the vehicle appears and:

(a) Proves that he is the
registered owner of the vehicle;

(b) Proves that he holds
a valid certificate of public convenience and necessity;

(c) Proves that the
vehicle meets all required standards of the authority; and

(d) Posts a bond in the
amount of $20,000 with the administrator.

The authority shall return the
vehicle to its registered owner when the owner meets the requirements of this
subsection and pays all costs of impoundment.

3. If the
registered owner is unable to meet the requirements of paragraphs (b) or (c) of
subsection 2, the authority may assess an administrative fine against the
registered owner for each such violation in the amount of $5,000. The maximum
amount of the administrative fine that may be
assessed against a registered owner for a single impoundment of his vehicle
pursuant to this section is $10,000.

may be assessed against a registered
owner for a single impoundment of his vehicle pursuant to this section is
$10,000. The authority shall return the vehicle after any administrative fine
imposed pursuant to this subsection and all costs of impoundment have been
paid.

Sec. 129. NRS 706.011 is
hereby amended to read as follows:

706.011 As used in NRS 706.013 to 706.791,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 706.013 to 706.146, inclusive, and section 104 of
this act, have the meanings ascribed to them in those sections.

Sec. 130. NRS 706.031 is
hereby amended to read as follows:

706.031 Commission means the public [service]utilities
commission of Nevada.

Sec. 131. NRS 706.072 is
hereby amended to read as follows:

706.072 Fully regulated carrier means a
common carrier or contract carrier of passengers or household goods who is
required to obtain from the [commission]authority a certificate of public convenience and
necessity or a contract carriers permit and whose rates, routes and services
are subject to regulation by the [commission.]authority.

Sec. 132. NRS 706.085 is
hereby amended to read as follows:

706.085 Household goods means any of
the following [:

1. Personal]personal effects and property used or to be used
in a dwelling which are part of the equipment or supply of the dwelling and
such other similar property as the [commission]authority may provide by regulation. The term
does not include property moving from a factory or store, except property that
the householder has purchased with the intent to use in his dwelling and that
is transported at the request of, and the transportation charges paid to the
carrier by, the householder.

[2. Furniture,
fixtures, equipment and the property of stores, offices, museums, institutions,
hospitals or other establishments which are part of the stock, equipment or
supply of the stores, offices, museums, institutions, hospitals or other
establishments and such other similar property as the commission may provide by
regulation. The term does not include the stock in trade of any establishment
whether cosigner or consignee, other than used furniture and used fixtures,
when transported as incidental to moving the establishment, or a portion of the
establishment, from one location to another.

3. Articles,
including objects of art, displays and exhibits, which because of their unusual
nature or value require specialized handling and equipment usually employed in
moving household goods and such other similar articles as the commission may
provide by regulation. This subsection does not include any article, whether
crated or uncrated, which does not, because of its unusual nature or value,
require the specialized handling and equipment usually employed in moving
household goods.]

Sec. 133. NRS 706.151 is
hereby amended to read as follows:

706.151 1. It is hereby
declared to be the purpose and policy of the legislature in enacting this
chapter:

(a) Except to the extent otherwise provided in
NRS 706.881 to 706.885, inclusive, to confer upon the [commission]authority the power and to make it the duty of
the [commission]authority to regulate fully regulated carriers and brokers of regulated services to the extent provided in
this chapter and to confer upon the department the power to license all motor
carriers and to make it the duty of the department to enforce the provisions of
this chapter and the regulations adopted by the [commission] authority pursuant
to it, to relieve the undue burdens on the highways arising by reason of the
use of the highways by vehicles in a gainful occupation thereon.

and brokers of regulated services to the extent provided in
this chapter and to confer upon the department the power to license all motor
carriers and to make it the duty of the department to enforce the provisions of
this chapter and the regulations adopted by the [commission]authority pursuant to it, to relieve the undue
burdens on the highways arising by reason of the use of the highways by
vehicles in a gainful occupation thereon.

(b) To provide for reasonable compensation for
the use of the highways in gainful occupations, and enable the State of Nevada,
by using license fees, to provide for the proper construction, maintenance and
repair thereof, and thereby protect the safety and welfare of the traveling and
shipping public in their use of the highways.

(c) To provide for fair and impartial
regulation, to promote safe, adequate, economical and efficient service and
foster sound economic conditions in motor transportation.

(d) To encourage the establishment and
maintenance of reasonable charges for intrastate transportation by fully
regulated carriers without unjust discriminations against or undue preferences
or advantages being given to any motor carrier or applicant for a certificate
of public convenience and necessity.

(e) To discourage any practices which would tend
to increase or create competition that may be detrimental to the traveling and
shipping public or the motor carrier business within this state.

2. All of the provisions of this chapter
must be administered and enforced with a view to carrying out the declaration
of policy contained in this section.

Sec. 134. NRS 706.153 is
hereby amended to read as follows:

706.153 The provisions of NRS 706.151 to
706.163, inclusive, 706.168, 706.311 to 706.436, inclusive, 706.471, 706.473,
706.475, 706.6411 to 706.749, inclusive, and 706.881 to 706.885, inclusive, and section 128 of this act, do not apply to an
operator of a tow car.

Sec. 135. NRS 706.156 is
hereby amended to read as follows:

706.156 1. All common and
contract motor carriers and brokers are hereby declared to be, to the extent
provided in this chapter:

(a) Affected with a public interest; and

(b) Subject to NRS 706.011 to 706.791, inclusive
[.], and
sections 104 to 128, inclusive, of this act.

2. Fully regulated carriers are subject
to the regulation of rates, charges and services by the [commission.]authority.

3. A purchaser or broker of transportation
services which are provided by a common motor carrier who holds a certificate
of public convenience and necessity may resell those services, in combination
with other services and facilities that are not related to transportation, but
only in a manner complying with the scope of authority set forth in the
certificate of the common motor carrier. The [commission]authority shall not prohibit or restrict such a
purchaser or broker from reselling those transportation services to any person
based upon that persons affiliation, or lack of affiliation, with any group.

706.158 The provisions of NRS 706.011 to
706.791, inclusive, and sections 104 to 128, inclusive,
of this act, relating to brokers do not apply to any person whom the [commission]authority
determines is:

1. A motor club which holds a valid
certificate of authority issued by the commissioner of insurance; or

2. A bona fide charitable organization,
such as a nonprofit corporation or a society, organization or association for
educational, religious, scientific or charitable purposes.

Sec. 137. NRS 706.166 is
hereby amended to read as follows:

706.166 The [commission]authority shall:

1. Subject to the limitation provided in
NRS 706.168 and to the extent provided in this chapter, supervise and regulate
every fully regulated carrier and broker of regulated services in this state in
all matters directly related to those activities of the motor carrier and
broker actually necessary for the transportation of persons or property,
including the handling and storage of that property, over and along the
highways.

2. [Cooperate
with the department in its issuance of permits by performing safety and
operational investigations of all persons applying for a permit from the
department to transport radioactive waste, and reporting its findings to the department.]Supervise and regulate the storage of household goods
and effects in warehouses and the operation and maintenance of such warehouses
in accordance with the provisions of this chapter and chapter 712 of NRS.

3. Enforce the standards of safety
applicable to the employees, equipment, facilities and operations of those
common and contract carriers subject to the [commission]authority or the department by:

(a) Providing training in safety;

(b) Reviewing and observing the programs or
inspections of the carrier relating to safety; and

(c) Conducting inspections relating to safety at
the operating terminals of the carrier.

4. To carry out the policies expressed in
NRS 706.151, adopt regulations providing for agreements between two or more
fully regulated carriers relating to:

(a) Fares;

(b) Rates;

(c) Classifications;

(d) Divisions;

(e) Allowances; and

(f) Charges, including charges between carriers
and compensation paid or received for the use of facilities and equipment.

These regulations may not provide for collective agreements
which restrain any party from taking free and independent action.

5. Review
decisions of the taxicab authority appealed to the authority pursuant to NRS
706.8819.

Sec. 138. NRS 706.168 is
hereby amended to read as follows:

706.168 The authority of the [commission]transportation
services authority to supervise and regulate motor carriers and brokers
respectively, to the extent provided in this chapter,
must be exercised separately.

to the extent provided in this chapter, must be exercised
separately. A motor carrier is responsible only for his own acts and those of
his employees or agents who are not brokers. A broker is responsible only for
his own acts and those of his employees or agents who are not motor carriers.

Sec. 139. NRS 706.171 is
hereby amended to read as follows:

706.171 1. The [commission]authority
and the department may:

(a) Make necessary and reasonable regulations
governing the administration and enforcement of the provisions of this chapter
for which they are each responsible.

(b) Adopt by reference any appropriate rule or
regulation, as it exists at the time of adoption, issued by the United States
Department of Transportation, the SurfaceTransportation
Board, any other agency of the Federal Government, or the National Association
of Regulatory Utility Commissioners.

(c) Require such reports and the maintenance of
such records as they determine to be necessary for the administration and
enforcement of this chapter.

(d) Except as otherwise provided in this
section, examine, at any time during the business hours of the day, the books,
papers and records of any fully regulated carrier, and of any other common,
contract or private motor carrier doing business in this state to the extent
necessary for their respective duties. The [commission]authority and the department may examine in other
states or require by subpoena the production inside this state of such books,
papers and records as are not maintained in this state.

(e) Temporarily waive any requirement for a
certificate or permit when an emergency exists as defined in NRS 706.561.

2. No personnel records of an employee of
a fully regulated carrier, or of any other common, contract or private motor
carrier may be examined pursuant to paragraph (d) of subsection 1 unless the
records contain information relating to a matter of public safety or the [commission]authority
and the department determine that the examination is required to protect the
interests of the public.

3. The department may adopt regulations
to ensure the payment of any fee due or authorized pursuant to the provisions
of this chapter.

4. As used in this section, personnel
records does not include:

(a) The name of the employee who is the subject
of the record;

(b) The gross compensation and perquisites of
the employee;

(c) Any record of the business expenses of the
employee;

(d) The title or any description of the position
held by the employee;

(e) The qualifications required for the position
held by the employee;

(f) The business address of the employee;

(g) The telephone number of the employee at his
place of business;

(h) The work schedule of the employee;

(i) The date on which the employee began his
employment; and

(j) If applicable, the date on which the
employment of the employee was terminated.

2. The department
may, by regulation applicable to all motor vehicles transporting hazardous
materials, adopt standards for the transportation of hazardous materials
and hazardous waste as defined in NRS 459.430.

Sec. 141. (Deleted by
amendment.)

Sec. 142. NRS 706.176 is
hereby amended to read as follows:

706.176 The [commission
may employ one chief inspector and such other inspectors and personnel and
incur such other expenses as may be necessary for the efficient administration
of this chapter. All such personnel shall perform such duties as may be
assigned to them by the commission.]authority
may:

1. Appoint a
deputy who serves in the unclassified service of the state.

2. Employ such
other personnel as may be necessary.

Sec. 143. NRS 706.201 is
hereby amended to read as follows:

706.201 [All]To the extent that such costs cannot be paid for from
the transportation services authority regulatory fund, the costs of
administration of this chapter [shall]must be paid from the state highway fund on
claims presented by the [commission]authority or department, approved by the state
board of examiners.

Sec. 144. NRS 706.231 is
hereby amended to read as follows:

706.231 Sheriffs and all other peace
officers and traffic officers of this state are charged with the duty, without
further compensation, of assisting in the enforcement of this chapter. They
shall make arrests for this purpose when requested by an authorized agent of
the department, [commission]authority or other competent authority.

Sec. 145. NRS 706.246 is
hereby amended to read as follows:

706.246 Except as otherwise provided in
NRS 706.235:

1. A common or contract motor carrier
shall not permit or require a driver to drive or tow any vehicle revealed by
inspection or operation to be in such condition that its operation would be
hazardous or likely to result in a breakdown of the vehicle, and a driver shall
not drive or tow any vehicle which by reason of its mechanical condition is so
imminently hazardous to operate as to be likely to cause an accident or a
breakdown of the vehicle. If, while any vehicle is being operated on a highway,
it is discovered to be in such an unsafe condition, it may be continued in
operation, except as further limited by subsection 2, only to the nearest place
where repairs can safely be effected, and even that operation may be conducted
only if it is less hazardous to the public than permitting the vehicle to
remain on the highway.

2. A common or contract motor carrier or
private motor carrier shall not permit or require a driver to drive or tow, and
a driver shall not drive or tow, any vehicle which:

(a) By reason of its mechanical condition is so
imminently hazardous to operate as to be likely to cause an accident or a
breakdown; and

(b) Has been declared out of service by an
authorized employee of the [commission]authority or the department.

When the repairs have been made, the carrier shall so
certify to the [commission]authority or the department, whichever agency declared
the vehicle out of service, as required by the [commission]authority or the department.

Sec. 146. NRS 706.251 is
hereby amended to read as follows:

706.251 1. Every person
operating a vehicle used by any motor carrier under the jurisdiction of the [commission]authority
shall forthwith report each accident occurring on the public highway, wherein
the vehicle may have injured the person or property of some person other than
the person or property carried by the vehicle, to the sheriff or other peace
officer of the county where the accident occurred. If the accident immediately
or proximately causes death, the person in charge of the vehicle, or any
officer investigating the accident, shall furnish to the [commission]authority
such detailed report thereof as required by the [commission.]authority.

2. All accident reports required in this
section must be filed in the office of the [commission]authority and there preserved. An accident report
made as required by this chapter, or any report of the [commission]authority made pursuant to any accident
investigation made by it, is not open to public inspection and must not be
disclosed to any person, except upon order of the [commission.]authority. The reports must not be admitted as
evidence or used for any purpose in any action for damages growing out of any
matter mentioned in the accident report or report of any such investigation.

Sec. 147. NRS 706.256 is
hereby amended to read as follows:

706.256 The [commission]authority may, in the interest of safety or
service, after hearing:

1. Determine and order repairs of
facilities of common and contract motor carriers; and

2. Order the use of safety appliances by
such carriers in the interest of the public and employees.

Sec. 148. NRS 706.266 is
hereby amended to read as follows:

706.266 It is unlawful for any common,
contract or private motor carrier to operate as a motor carrier of intrastate
commerce within this state without having furnished the [commission]authority the following:

1. Where a person does not hold a
certificate of public convenience and necessity or a permit to operate as a
common or contract motor carrier in the State of Nevada, an affidavit
certifying that the person intends to operate as a private carrier.

2. Such other information as the [commission]authority
may request.

Sec. 149. NRS 706.281 is
hereby amended to read as follows:

706.281 1. In addition to
any identifying device provided for in this chapter, each motor vehicle within
the provisions of NRS 706.011 to 706.791, inclusive, and
sections 104 to 128, inclusive, of this act, must have the name of the
person or operator operating the vehicle prominently and conspicuously
displayed on both sides of the vehicle in such location, size and style as may
be specified by the [commission.]authority. The display shall not
be deemed advertising for the purposes of NRS 706.285 unless additional
information about the operator is included.

display shall not be deemed advertising for the purposes of
NRS 706.285 unless additional information about the operator is included.

2. This section does not apply to motor
vehicles:

(a) Weighing 10,000 pounds or less operated by
private carriers and not operated in combination with any other vehicle.

(b) Operated by an employer for the
transportation of his employees, whether or not the employees pay for the
transportation.

Sec. 150. NRS 706.285 is
hereby amended to read as follows:

706.285 All advertising by a fully
regulated carrier of intrastate commerce must include the number of the
certificate of public convenience and necessity or contract carriers permit
issued to him by the [commission.]authority.

Sec. 151. NRS 706.291 is
hereby amended to read as follows:

706.291 1. The [commission]authority
shall require every fully regulated carrier and every operator of a tow car,
within such time and in such amounts as the [commission]authority may designate, to file with the [commission]authority
in a form required and approved by the [commission]authority a liability insurance policy, or a
certificate of insurance in lieu thereof, or a bond of a surety company, or
other surety, in such reasonable sum as the [commission]authority may deem necessary to protect
adequately the interests of the public.

2. The department shall require every
other common and contract motor carrier and every private carrier, within such
time and in such amounts as the department may designate, to file with the
department in a form required and approved by the department a liability
insurance policy, or a certificate of insurance in lieu thereof, a bond of a
surety company, or other surety, in such reasonable sum as the department may
deem necessary to protect adequately the interests of the public. In
determining the amount of liability insurance or other surety required of a
carrier pursuant to this subsection, the department shall create a separate
category for vehicles with a manufacturers gross vehicle weight rating of less
than 26,00 pounds and impose a lesser requirement with respect to such
vehicles.

3. The liability insurance policy or
certificate, policy or bond of a surety company or other surety must bind the
obligors thereunder to pay the compensation for injuries to persons or for loss
or damage to property resulting from the negligent operation of the carrier.

4. The [commission]authority and the department may jointly
prescribe by regulation the respective amounts and forms required by
subsections 1 and 2.

Sec. 152. NRS 706.296 is
hereby amended to read as follows:

706.296 Every common and contract motor
carrier who engages in transportation intrastate and the collection of the
purchase price of goods sold by the shipper to the consignee shall provide a
bond, to be filed with the [commission,]authority, for the benefit of the shipper in an
amount which the [commission]authority deems reasonably sufficient as an aggregate
but not to exceed $1,000, to insure the shipper against any loss of the moneys
so collected by the carrier through misappropriation, negligence or other
defalcations.

706.303 The [commission]authority shall adopt regulations requiring all
operators of horse-drawn vehicles subject to its regulation and supervision to
maintain a contract of insurance against liability for injury to persons and
damage to property for each such vehicle. The amounts of coverage required by
the regulations:

1. Must not exceed a total of:

(a) For bodily injury to or the death of one
person in any one accident, $250,000;

(b) Subject to the limitations of paragraph (a),
for bodily injury to or death of two or more persons in any one accident,
$500,000; and

(c) For injury to or destruction of property in
any one accident, $50,000; or

2. Must not exceed a combined
single-limit for bodily injury to one or more persons and for injury to or
destruction of property in any one accident, $500,000.

Sec. 154. (Deleted by
amendment.)

Sec. 155. NRS 706.321 is
hereby amended to read as follows:

706.321 1. Every common or
contract motor carrier shall file with the [commission:]authority:

(a) Within a time to be fixed by the [commission,]authority,
schedules and tariffs which must be open to public inspection, showing all
rates, fares and charges which the carrier has established and which are in
force at the time for any service performed in connection therewith by any
carrier controlled and operated by it.

(b) As a part of that schedule, all regulations
that in any manner affect the rates or fares charged or to be charged for any
service.

2. No changes may be made in any
schedule, including schedules of joint rates, or in the regulations affecting
any rates or charges, except upon 30 days notice to the [commission,]authority,
and all those changes must be plainly indicated on any new schedules filed in
lieu thereof 30 days before the time they are to take effect. The [commission,]authority,
upon application of any carrier, may prescribe a shorter time within which
changes may be made. The 30 days notice is not applicable when the carrier
gives written notice to the [commission]authority 10 days before the effective date of
its participation in a tariff bureaus rates and tariffs, provided the rates
and tariffs have been previously filed with and approved by the [commission.]authority.

3. The [commission]authority may at any time, upon its own motion,
investigate any of the rates, fares, charges, regulations, practices and
services, and, after hearing, by order, make such changes as may be just and
reasonable.

4. The [commission]authority may dispense with the hearing on any
change requested in rates, fares, charges, regulations, practices or service.

5. All rates, fares, charges, classifications
and joint rates, regulations, practices and services fixed by the [commission]authority
are in force, and are prima facie lawful, from the date of the order until
changed or modified by the [commission,]authority, or pursuant to [NRS
703.373 to 703.376, inclusive.]section
125 of this act.

6. All regulations, practices and service
prescribed by the [commission]authority must be enforced and are prima facie
reasonable unless suspended or found otherwise in an action brought for the
purpose, [pursuant to the provisions of NRS
703.373 to 703.376, inclusive,] or until changed or modified by
the [commission]authority itself upon satisfactory showing made.

Sec. 156. NRS 706.323 is
hereby amended to read as follows:

706.323 1. Except as
provided in subsection 2, the [commission]authority may not investigate, suspend, revise or
revoke any rate proposed by a common motor carrier or contract motor carrier
because the rate is too high or too low and therefore unreasonable if:

(a) The motor carrier notifies the [commission]authority
that it wishes to have the rate reviewed by the [commission]authority pursuant to this subsection; and

(b) The rate resulting from all increases or
decreases within 1 year is not more than 10 percent above or 10 percent below
the rate in effect 1 year before the effective date of the proposed rate.

2. This section does not limit the [commissions] authority of the transportation services authority to
investigate, suspend, revise or revoke a proposed rate if the rate would
violate the provisions of NRS 706.151.

Sec. 157. NRS 706.326 is
hereby amended to read as follows:

706.326 1. Whenever there is
filed with the [commission]authority any schedule or tariff stating a new or
revised individual or joint rate, fare or charge, or any new or revised
individual or joint regulation or practice affecting any rate, fare or charge,
or any schedule or tariff resulting in a discontinuance, modification or
restriction of service, the [commission]authority may enter upon an investigation or,
upon reasonable notice, enter upon a hearing concerning the propriety of the
rate, fare, charge, classification, regulation, discontinuance, modification,
restriction or practice.

2. Pending the investigation or hearing
and the decision thereon, the [commission,]authority, upon delivering to the common or
contract motor carrier affected thereby a statement in writing of its reasons
for the suspension, may suspend the operation of the schedule or tariff and
defer the use of the rate, fare, charge, classification, regulation,
discontinuance, modification, restriction or practice, but not for a longer
period than 150 days beyond the time when the rate, fare, charge,
classification, regulation, discontinuance, modification, restriction or
practice would otherwise go into effect.

3. After full investigation or hearing,
whether completed before or after the date upon which the rate, fare, charge,
classification, regulation, discontinuance, modification, restriction or
practice is to go into effect, the [commission]authority may make such order in reference to the
rate, fare, charge, classification, regulation, discontinuance, modification,
restriction or practice as would be proper in a proceeding initiated after the
rate, fare, charge, classification, regulation, discontinuance, modification,
restriction or practice has become effective.

4. The [commission]authority shall determine whether a hearing [shall]must
be held to consider the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge.

or revised individual or joint rate, fare or charge. In
making that determination , the [commission]authority
shall consider all timely written protests, any presentation the staff of the [commission]authority
may desire to present, the application and any other matters deemed relevant by
the [commission.]authority.

Sec. 158. NRS 706.331 is
hereby amended to read as follows:

706.331 1. If, after due
investigation and hearing, any authorized rates, tolls, fares, charges,
schedules, tariffs, joint rates or any regulation, measurement, practice, act
or service complained of is found to be unjust, unreasonable, insufficient,
preferential, unjustly discriminatory or otherwise in violation of the
provisions of this chapter, or if it is found that the service is inadequate,
or that any reasonable service cannot be obtained, the [commission]authority may substitute therefor such other
rates, tolls, fares, charges, tariffs, schedules or regulations, measurements,
practices, service or acts and make an order relating thereto as may be just
and reasonable.

2. When complaint is made of more than
one matter, the [commission]authority may order separate hearings upon the several
matters complained of at such times and places as it may prescribe.

3. No complaint may at any time be
dismissed because of the absence of direct damage to the complainant.

4. The [commission]authority may at any time, upon its own motion,
investigate any of the matters listed in subsection 1, and, after a full
hearing as above provided, by order, make such changes as may be just and
reasonable, the same as if a formal complaint had been made.

Sec. 159. NRS 706.341 is
hereby amended to read as follows:

706.341 [No]A common motor carrier authorized to operate by
NRS 706.011 to 706.791, inclusive, and sections 104 to
128, inclusive, of this act, shall not
discontinue any service established under the provisions of NRS 706.011 to
706.791, inclusive, and sections 104 to 128, inclusive,
of this act, and all other laws relating thereto and made applicable
thereto by NRS 706.011 to 706.791, inclusive, and
sections 104 to 128, inclusive, of this act, without an order of the [commission]authority
granted only after public notice or hearing in the event of protest.

Sec. 160. NRS 706.346 is
hereby amended to read as follows:

706.346 1. A copy, or so
much of the schedule or tariff as the [commission]authority determines necessary for the use of the
public, [shall]must be printed in plain type and posted in every
office of a common motor carrier where payments are made by customers or users,
open to the public, in such form and place as to be readily accessible to the
public and conveniently inspected.

2. When a schedule or tariff of joint
rates or charges is or may be in force between two or more of such carriers or
between any such carrier and a public utility, such schedule or tariff shall be
printed and posted in like manner.

Sec. 161. NRS 706.351 is
hereby amended to read as follows:

706.351 1. It is unlawful
for:

(a) A fully regulated carrier to furnish any
pass, frank, free or reduced rates for transportation to any state, city,
district, county or municipal officer of this state or to
any person other than those specifically enumerated in this section.

officer of this state or to any person other than those
specifically enumerated in this section.

(b) Any person other than those specifically
enumerated in this section to receive any pass, frank, free or reduced rates
for transportation.

2. This section does not prevent the
carriage, storage or hauling free or at reduced rates of passengers or property
for charitable organizations or purposes for the United States, the State of
Nevada or any political subdivision thereof.

3. This chapter does not prohibit a fully
regulated common carrier from giving free or reduced rates for transportation
of persons to:

(a) Its own officers, commission agents or
employees, or members of any profession licensed under Title 54 of NRS retained
by it, and members of their families.

(b) Inmates of hospitals or charitable
institutions and persons over 60 years of age.

(c) Persons who are physically handicapped or
mentally handicapped and who present a written statement from a physician to
that effect.

(d) Persons injured in accidents or wrecks and
physicians and nurses attending such persons.

(e) Persons providing relief in cases of common
disaster.

(f) Attendants of livestock or other property
requiring the care of an attendant, who must be given return passage to the
place of shipment, if there is no discrimination among shippers of a similar
class.

(g) Officers, agents, employees or members of
any profession licensed under Title 54 of NRS, together with members of their
families, who are employed by or affiliated with other common carriers, if
there is an interchange of free or reduced rates for transportation.

(h) Indigent, destitute or homeless persons when
under the care or responsibility of charitable societies, institutions or
hospitals, together with the necessary agents employed in such transportation.

(i) Students of institutions of learning.

(j) Groups of persons participating in a tour
for a purpose other than transportation.

4. This section does not prohibit common
motor carriers from giving free or reduced rates for the transportation of
property of:

(a) Their officers, commission agents or
employees, or members of any profession licensed under Title 54 of NRS retained
by them, or pensioned or disabled former employees, together with that of their
dependents.

(b) Witnesses attending any legal investigations
in which such carriers are interested.

(c) Persons providing relief in cases of common
disaster.

(d) Charitable organizations providing food and
items for personal hygiene to needy persons or to other charitable
organizations within this state.

5. This section does not prohibit the [commission]authority
from establishing reduced rates, fares or charges for specified routes or
schedules of any common motor carrier providing transit service if the reduced
rates, fares or charges are determined by the [commission]authority to be in the public interest.

6. Only fully regulated common carriers
may provide free or reduced rates for the transportation of passengers or
household goods, pursuant to the provisions of this section.

7. As used in this section, employees
includes:

(a) Furloughed, pensioned and superannuated
employees.

(b) Persons who have become disabled or infirm
in the service of such carriers.

(c) Persons who are traveling to enter the
service of such a carrier.

Sec. 162. NRS 706.371 is
hereby amended to read as follows:

706.371 The [commission]authority may regulate and fix the maximum number
of contracts and the minimum carrying charges of all intrastate contract motor
carriers, and conduct hearings, make and enter necessary orders and enforce the
same with respect thereto in the same manner and form as is now or may
hereafter be provided by law for the regulation of the rates, charges and
services of common motor carriers.

Sec. 163. NRS 706.386 is
hereby amended to read as follows:

706.386 It is unlawful, except as
provided in NRS 373.117 and 706.745, for any fully regulated common motor
carrier to operate as a carrier of intrastate commerce within this state
without first obtaining a certificate of public convenience and necessity from
the [commission.]authority.

Sec. 164. NRS 706.391 is
hereby amended to read as follows:

706.391 1. Upon the filing
of an application for a certificate of public convenience and necessity to
operate as a motor carrier, the [commission]authority shall fix a time and place for hearing
thereon.

2. The [commission]authority shall issue such a certificate if it
finds that:

(a) The applicant is fit, willing and able to
perform the services of a common motor carrier;

(b) The proposed operation will be consistent
with the legislative policies set forth in NRS 706.151;

(c) The granting of the certificate will not
unreasonably and adversely affect other carriers operating in the territory for
which the certificate is sought; and

(d) The proposed service will benefit the
traveling and shipping public and the motor carrier business in this state.

3. The [commission]authority shall not find that the potential
creation of competition in a territory which may be caused by the granting of a
certificate, by itself, will unreasonably and adversely affect other carriers
operating in the territory for the purposes of paragraph (c) of subsection 2.

4. An applicant for such a certificate
has the burden of proving to the [commission]authority that the proposed operation will meet
the requirements of subsection 2.

5. The [commission]authority may issue a certificate of public
convenience and necessity to operate as a common motor carrier, or issue it
for:

6. The [commission]authority may attach to the certificate such
terms and conditions as, in its judgment, the public interest may require.

7. The [commission]authority may dispense with the hearing on the
application if, upon the expiration of the time fixed in the notice thereof, no
petition to intervene has been filed on behalf of any person who has filed a
protest against the granting of the certificate.

Sec. 165. NRS 706.396 is hereby
amended to read as follows:

706.396 Any person who, after hearing,
has been denied a certificate of public convenience and necessity to operate as
a carrier must not be permitted again to file a similar application with the [commission]authority
covering the same type of service and over the same route or routes or in the
same territory for which the certificate of public convenience and necessity
was denied except after the expiration of 180 days after the date the
certificate of public convenience and necessity was denied.

Sec. 166. NRS 706.398 is
hereby amended to read as follows:

706.398 The [commission:]authority:

1. Shall revoke or suspend, pursuant to
the provisions of this chapter, the certificate of public convenience and
necessity of a common motor carrier which has failed to:

(a) File the annual report required by [NRS 703.191]section
113 of this act within 60 days after the report is due; or

(b) Operate as a carrier of intrastate commerce
in this state under the terms and conditions of its certificate,

unless the carrier has obtained the prior permission of the [commission.]authority.

2. May revoke or suspend, pursuant to the
provisions of [NRS 703.377,]section 126 of this act, the certificate of public
convenience and necessity of a common motor carrier which has failed to comply
with any provision of this chapter or any regulation of the [commission]authority
adopted pursuant thereto.

Sec. 167. NRS 706.411 is
hereby amended to read as follows:

706.411 Every order refusing or granting
any certificates of public convenience and necessity, or granting or refusing
permission to discontinue, modify or restrict service is prima facie lawful
from the date of the order until changed or modified by the order of the [commission or]authority
pursuant to [NRS 703.373 to 703.376, inclusive.]the provisions of this chapter.

Sec. 168. NRS 706.426 is
hereby amended to read as follows:

706.426 An application for a permit for a
new operation as a contract motor carrier shall be:

1. Made to the [commission]authority in writing.

2. In such form and be accompanied by
such information as the [commission]authority may require.

Sec. 169. NRS 706.431 is
hereby amended to read as follows:

706.431 1. A permit may be
issued to any applicant therefor, authorizing in whole or in part the operation
covered by the application, if it appears from the application or from any
hearing held thereon that:

(a) The applicant is fit, willing and able
properly to perform the service of a contract motor carrier and to conform to
all provisions of NRS 706.011 to 706.791, inclusive, and
sections 104 to 128, inclusive, of this act, and the regulations adopted
thereunder; and

to 706.791, inclusive, and sections
104 to 128, inclusive, of this act, and the regulations adopted
thereunder; and

(b) The proposed operation will be consistent
with the public interest and will not operate to defeat the legislative policy
set forth in NRS 706.151.

2. An application must be denied if the
provisions of subsection 1 are not met.

3. The [commission]authority shall revoke or suspend pursuant to the
provisions of this chapter [703 of NRS] the permit of a contract
motor carrier who has failed to file the annual report required in [NRS 703.191]section
113 of this act within 60 days after the report is due.

4. The [commission]authority shall adopt regulations providing for a
procedure by which any contract entered into by a contract motor carrier after
he has been issued a permit pursuant to this section may be approved by the [commission]authority
without giving notice required by statute or by a regulation of the [commission.]authority.

Sec. 170. NRS 706.436 is
hereby amended to read as follows:

706.436 Any person who has been denied a
permit to act as a contract motor carrier after hearing [shall
not be permitted again to]may not
file a similar application with the [commission]authority covering the same type of service and
over the same route or routes or in the same territory for which the permit was
denied except after the expiration of 180 days after the date the permit was
denied.

Sec. 171. NRS 706.442 is
hereby amended to read as follows:

706.442 Any person engaging in the
intrastate transportation or storage of household goods shall comply with the
following requirements:

1. [A
person requesting service must be provided]Upon the request of a person seeking service, the carrier of
household goods shall provide the person with a written, binding
estimate of the cost of providing the requested service .[at least 1 business day before the date on which
the service is to be provided, unless the request for service is not made in
time to meet the requirement.]

2. The charges assessed for the service
rendered may not exceed the amount in the written estimate, unless the customer
requested services in addition to those included in the written estimate and
agreed to pay additional charges.

3. If the person for whom service was
provided pays any amount consistent with the provisions of subsection 2, the
provider of service shall release immediately any household goods that were
transported or stored to that person.

4. If a person requesting service alleges
that any household goods were damaged or lost, the person that provided the
service shall:

(a) Attempt to resolve the dispute; and

(b) Identify the carrier of his insurance and
explain the procedures to file a claim.

5. The provider of service shall advise
all persons for whom service is to be performed of their right to file a
complaint with the [commission]authority and provide the address and telephone number
of the nearest business office of the [commission.]authority.

6. Any other terms and conditions which
the [commission]authority may by regulation prescribe to protect the
public.

Sec. 172. NRS 706.443 is
hereby amended to read as follows:

706.443 1. The provisions of
NRS 706.442 apply whether or not the person providing the service has received
authority to operate from the [commission.]authority.

2. The [commission]authority shall enforce the provisions of NRS
706.442 and consider complaints regarding violations of the provisions of that
section pursuant to the provisions of [NRS
703.290, 703.300, 703.310 and 703.373 to 703.376, inclusive.]this chapter. In addition to any other remedies, the [commission]authority
may order the release of any household goods that are being held by the
provider of service subject to the terms and conditions that the [commission]authority
determines to be appropriate and may order the refund of overcharges.

3. The [commission]authority may use the remedies provided in NRS [703.195,] 706.457, 706.461, 706.756,
706.761, 706.771 and 706.779 and any other remedy available under other law.

4. The [commission]authority shall adopt regulations regarding the
administration and enforcement of this section and NRS 706.442.

Sec. 173. NRS 706.446 is
hereby amended to read as follows:

706.446 1. Any person who
was engaged in the transportation of vehicles by the use of a tow car with an
unladen weight of less than 9,000 pounds, on or before January 1, 1971, and who
held himself out for hire for such towing, must be granted a certificate of
public convenience and necessity if an application therefor:

(a) Is made within 90 days after July 1, 1971;

(b) Is accompanied by a filing fee of $25; and

(c) Contains satisfactory evidence of a lawful
nature and scope of the applicants operation existing on or before January 1,
1971.

2. Before issuing any certificate of
public convenience and necessity for the transportation of vehicles by tow car,
the [commission]authority shall set the rate levels and storage charges
under which such operation may be conducted, but the [commission]authority is not precluded from establishing rate
areas.

3. When issued, a certificate of public
convenience and necessity must authorize the recipient to operate within the
territory which the applicant substantiates by documentation between January 1,
1968, and January 1, 1971.

4. Any person who on July 1, 1971, holds
a valid certificate of public convenience and necessity issued by the
commission for the operation of a tow car with an unladen weight of 9,000
pounds or more must be granted the authority to operate a tow car with an
unladen weight of less than 9,000 pounds within the territory substantiated
pursuant to subsection 3, but in no event less than the territory set forth in
such certificate of public convenience and necessity.

5. The provisions of this chapter do not
require an operator of a tow car who provides towing for a licensed motor club
regulated pursuant to chapter 696A of NRS to obtain a certificate of public
convenience and necessity or to comply with the
regulations or rates adopted by the [commission] authority to provide that
towing.

to comply with the regulations or rates adopted by the [commission]authority
to provide that towing.

Sec. 174. NRS 706.4463 is
hereby amended to read as follows:

706.4463 1. In addition to
the other requirements of this chapter, each operator of a tow car shall, to
protect the health, safety and welfare of the public:

(a) Obtain a certificate of operation from the [commission]authority
before he provides any services other than those services which he provides as
a private motor carrier of property pursuant to the provisions of this chapter;

(b) Use a tow car of sufficient size and weight
which is appropriately equipped to transport safely the vehicle which is being
towed; and

(c) Comply with the other requirements of NRS
706.153 and 706.4463 to 706.4479, inclusive.

2. The [commission]authority shall issue a certificate of operation
to an operator of a tow car if it determines that the applicant:

(a) Complies with the requirements of subsection
1;

(b) Complies with the requirements of the
regulations adopted by the [commission]authority pursuant to the provisions of this
chapter; and

(c) Has provided evidence that he has filed with
the [commission]authority a liability insurance policy, a certificate
of insurance or a bond of a surety and bonding company or other surety required
for every operator of a tow car pursuant to the provisions of NRS 706.291.

Sec. 175. NRS 706.447 is
hereby amended to read as follows:

706.447 Each person who holds a
certificate of public convenience and necessity for transportation of vehicles
by use of a tow car and is required by regulation of the [commission]authority
to maintain a policy of cargo insurance may, in lieu of maintaining the policy
of insurance, deposit with the state treasurer, under terms which the [commission]authority
prescribes:

1. An amount of lawful money of the
United States fixed by the [commission]authority or bonds or other lawful negotiable
instruments of the United States or of the State of Nevada of an actual market
value fixed by the [commission;]authority; or

2. A savings certificate issued by a bank
or savings and loan association in Nevada which indicates an amount at least
equal to the amount fixed by the [commission]authority and which states that the amount is
unavailable for withdrawal except on order of the [commission.]authority. Interest earned on the deposit accrues
to the holder of the certificate.

Sec. 176. NRS 706.4473 is
hereby amended to read as follows:

706.4473 The operator shall inform each
owner, or agent of the owner, of a towed motor vehicle that the owner or agent
may file a complaint with the [commission]authority regarding any violation of the
provisions of this chapter.

Sec. 177. NRS 706.448 is
hereby amended to read as follows:

706.448 1. Subject to the
provisions of subsection 2, any person holding a certificate of public
convenience and necessity for transportation of vehicles by use of a tow car on
July 1, 1973, and who, within 90 days after July 1, 1973, files an application
with the commission [shall]must be granted a certificate of
public convenience and necessity for transportation of vehicles by use of:

granted a certificate of public convenience and necessity
for transportation of vehicles by use of:

(a) A motorcycle trailer; or

(b) Any other vehicle which is not a tow car.

2. The certificate of public convenience
and necessity issued under the provisions of paragraph (b) of subsection 1
shall provide that if any vehicle is so disabled or so constructed that it
cannot be towed by a tow car, the tow car operator may transport the vehicle
with a vehicle other than a tow car from the point of disablement to a single
destination and may make an appropriate charge, as determined by the [commission,]authority,
for the use of such vehicle.

Sec. 178. NRS 706.4483 is
hereby amended to read as follows:

706.4483 1. The [commission]authority
shall act upon complaints regarding the failure of an operator to comply with
the provisions of NRS 706.153 and 706.4463 to 706.4485, inclusive.

2. In addition to any other remedies that
may be available to the [commission]authority to act upon complaints, the [commission]authority
may order the release of towed motor vehicles, cargo or personal property upon
such terms and conditions as the [commission]authority determines to be appropriate.

Sec. 179. NRS 706.4485 is
hereby amended to read as follows:

706.4485 A law enforcement agency that
maintains and utilizes a list of operators of tow cars which are called by that
agency to provide towing shall not include an operator on the list unless he:

1. Holds a certificate to provide towing
issued by the [commission.]authority.

2. Agrees to comply with all applicable
provisions of [chapters 482, 484 and 706 of NRS.]this chapter and chapters 482 and 484 of NRS.

3. Agrees to respond in a timely manner
to requests for towing made by the agency.

4. Maintains adequate, accessible and
secure storage within the State of Nevada for any vehicle that is towed.

5. Meets such other standards as the law
enforcement agency may adopt to protect the health, safety and welfare of the
public.

Sec. 180. NRS 706.449 is
hereby amended to read as follows:

706.449 The [commission]authority may impose an administrative fine
pursuant to subsection 2 of NRS 706.771 on the owner or operator of a tow car
who fails to pay in a timely manner any charge required to be paid by
subsection 2 of NRS 484.631.

Sec. 181. NRS 706.451 is
hereby amended to read as follows:

706.451 1. Each owner or
operator of a tow car subject to the jurisdiction of the [commission]authority
shall, before commencing to operate or continuing operation after July 1, 1971,
and annually thereafter, pay to the [commission]authority for each tow car operated, a fee of not
more than $36.

2. The fee provided in this section must
be paid on or before January 1 of each year.

3. The initial fee must be reduced
one-twelfth for each month which has elapsed since the beginning of the
calendar year before July 1, 1971, for those tow cars
lawfully operating on that date or before the commencement of operation of each
tow car commencing operation after July 1, 1971.

those tow cars lawfully operating on that date or before the
commencement of operation of each tow car commencing operation after July 1,
1971.

4. Any person who fails to pay any fee on
or before the date provided in this section shall pay a penalty of 10 percent
of the amount of the fee plus interest on the amount of the fee at the rate of
1 percent per month or fraction of a month from the date the fee is due until
the date of payment.

Sec. 182. NRS 706.457 is hereby
amended to read as follows:

706.457 The [commission]authority may by subpoena require any person
believed by it to be subject to any of the provisions of NRS 706.011 to
706.791, inclusive, and sections 104 to 128, inclusive,
of this act, who has not obtained a required certificate of public
convenience and necessity or a required permit issued in accordance with those
sections, to appear before it with all of his relevant books, papers and
records and to testify concerning the scope, nature and conduct of his
business.

Sec. 183. NRS 706.458 is
hereby amended to read as follows:

706.458 1. The district
court in and for the county in which any investigation or hearing is being
conducted by the [commission]authority pursuant to the provisions of this chapter
may compel the attendance of witnesses, the giving of testimony and the
production of books and papers as required by any subpoena issued by the [commission.]authority.

2. If any witness refuses to attend or
testify or produce any papers required by such subpoena the [commission]authority
may report to the district court in and for the county in which the
investigation or hearing is pending by petition, setting forth:

(a) That due notice has been given of the time
and place of attendance of the witness or the production of the books and
papers;

(b) That the witness has been subpoenaed in the
manner prescribed in this chapter; and

(c) That the witness has failed and refused to
attend or produce the papers required by subpoena in the investigation or
hearing named in the subpoena, or has refused to answer questions propounded to
him in the course of such investigation or hearing,

and asking an order of the court compelling the witness to
attend and testify or produce the books or papers.

3. The court, upon petition of the [commission,]authority,
shall enter an order directing the witness to appear before the court at a time
and place to be fixed by the court in such order, the time to be not more than
10 days from the date of the order, and then and there show cause why he has
not attended or testified or produced the books or papers before the [commission.]authority.
A certified copy of the order must be served upon the witness. If it appears to
the court that the subpoena was regularly issued, the court shall thereupon
enter an order that the witness appear at the time and place fixed in the order
and testify or produce the required books or papers, and upon failure to obey
the order the witness must be dealt with as for contempt of court.

Sec. 184. NRS 706.461 is
hereby amended to read as follows:

706.461 When:

1. A complaint has been filed with the [commission]authority
alleging that any vehicle is being operated without a certificate of public
convenience and necessity or contract carriers permit as
required by NRS 706.011 to 706.791, inclusive [;] , and sections 104 to 128,
inclusive, of this act; or

and necessity or contract carriers permit as required by
NRS 706.011 to 706.791, inclusive [;], and sections 104 to 128, inclusive, of this act;
or

2. The [commission]authority has reason to believe that any:

(a) Person is advertising to provide the
services of a fully regulated carrier in intrastate commerce without including
the number of his certificate of public convenience and necessity or permit in
each advertisement; or

(b) Provision of NRS 706.011 to 706.791,
inclusive, and sections 104 to 128, inclusive, of this
act, is being violated,

the [commission]authority shall investigate the operations or
advertising and may, after a hearing, order the owner or operator of the
vehicle or the person advertising to cease and desist from any operation or
advertising in violation of NRS 706.011 to 706.791, inclusive [. The commission], and sections 104 to 128, inclusive, of this act. The
authority shall enforce compliance with the order under the powers
vested in the [commission]authority by NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, or by
other law.

Sec. 185. NRS 706.471 is
hereby amended to read as follows:

706.471 1. Each taxicab
motor carrier shall, before commencing the operation defined in NRS 706.126 and
annually thereafter, pay to the [commission]authority for each taxicab which it operates,
including each taxicab it leases pursuant to NRS 706.473, a fee of not more
than $75 as determined by a regulation of the [commission.]authority.

2. The fee provided in this section must
be paid on or before January 1 of each year.

3. The initial fee must be reduced
one-twelfth for each month which has elapsed since the beginning of the
calendar year in which operation is begun.

4. Any person who fails to pay any fee on
or before the date provided in this section shall pay a penalty of 10 percent
of the amount of the fee plus interest on the amount of the fee at the rate of
1 percent per month or fraction of a month from the date the fee is due until
the date of payment.

Sec. 186. NRS 706.473 is
hereby amended to read as follows:

706.473 1. In a county whose
population is less than 400,000, a person who holds a certificate of public
convenience and necessity which was issued for the operation of a taxicab
business may, upon approval from the [commission,]authority, lease a taxicab to an independent
contractor who does not hold a certificate of public convenience and necessity.
A person may lease only one taxicab to each independent contractor with whom he
enters into a lease agreement. The taxicab may be used only in a manner
authorized by the lessors certificate of public convenience and necessity.

2. A person who enters into a lease
agreement with an independent contractor pursuant to this section shall submit
a copy of the agreement to the [commission]authority for its approval. The agreement is not
effective until approved by the [commission.]authority.

3. A person who leases a taxicab to an
independent contractor is jointly and severally liable with the independent
contractor for any violation of the provisions of this chapter or the
regulations adopted pursuant thereto, and shall ensure
that the independent contractor complies with such provisions and regulations.

shall ensure that the independent contractor complies with
such provisions and regulations.

4. The [commission]authority or any of its employees may intervene
in a civil action involving a lease agreement entered into pursuant to this
section.

Sec. 187. NRS 706.475 is
hereby amended to read as follows:

706.475 1. The [commission]authority shall adopt such regulations as are necessary
to:

(a) Carry out the provisions of NRS 706.473; and

(b) Ensure that the taxicab business remains
safe, adequate and reliable.

2. Such regulations must include, without
limitation:

(a) The minimum qualifications for an
independent contractor;

(b) Requirements related to liability insurance;

(c) Minimum safety standards; and

(d) The procedure for approving a lease
agreement and the provisions that must be included in a lease agreement
concerning the grounds for the revocation of such approval.

Sec. 188. NRS 706.631 is
hereby amended to read as follows:

706.631 The remedies of the state
provided for in NRS 706.011 to 706.861, inclusive, and
sections 104 to 128, inclusive, of this act, are cumulative, and no
action taken by the department or [commission
shall]authoritymay be construed to be an election on the part of the
state or any of its officers to pursue any remedy under NRS 706.011 to 706.861,
inclusive, and sections 104 to 128, inclusive, of this
act, to the exclusion of any other remedy for which provision is made in
NRS 706.011 to 706.861, inclusive [.], and sections 104 to 128, inclusive, of this act.

Sec. 189. NRS 706.6411 is
hereby amended to read as follows:

706.6411 1. All motor
carriers coming within the terms of NRS 706.011 to 706.791, inclusive, and sections 104 to 128, inclusive, of this act, to
whom the certificates, permits and licenses provided by NRS 706.011 to 706.791,
inclusive, and sections 104 to 128, inclusive, of this
act, have been issued may transfer them to another carrier qualified
under NRS 706.011 to 706.791, inclusive, and sections
104 to 128, inclusive, of this act, but no such transfer is valid for
any purpose until a joint application to make the transfer has been made to the
[commission]authority by the transferor and the transferee, and the
[commission]authority has authorized the substitution of the
transferee for the transferor. No transfer of stock of a corporate motor
carrier under the jurisdiction of the [commission]authority is valid without the [commissions] prior approval of the authority if the effect of the transfer would be
to change the corporate control of the carrier or if a transfer of 15 percent
or more of the common stock of the carrier is proposed.

2. Except as otherwise provided in
subsection 3, the [commission]authority shall fix a time and place for a hearing to
be held unless the application is made to transfer the certificate from a
natural person or partners to a corporation whose controlling stockholders will
be substantially the same person or partners, and may hold a hearing to
consider such an application.

3. The [commission]authority may also dispense with the hearing on
the joint application to transfer if, upon the expiration of the time fixed in
the notice thereof, no protest against the transfer of the certificate or
permit has been filed by or in behalf of any interested person.

4. In determining whether or not the
transfer of a certificate of public convenience and necessity or a permit to
act as a contract carrier should be authorized, the [commission]authority shall consider:

(a) The service which has been performed by the
transferor and that which may be performed by the transferee.

(b) Other authorized facilities for
transportation in the territory for which the transfer is sought.

(c) Whether or not the transferee is fit,
willing and able to perform the services of a common or contract carrier by
vehicle and whether or not the proposed operation would be consistent with the
legislative policy set forth in NRS 706.151.

5. Upon such a transfer, the [commission]authority
may make such amendments, restrictions or modifications in a certificate or
permit as the public interest may require.

6. No transfer is valid beyond the life
of the certificate, permit or license transferred.

(a) The transportation by a contractor licensed
by the state contractors board of his own equipment in his own vehicles from
job to job.

(b) Any person engaged in transporting his own
personal effects in his own vehicle, but the provisions of this subsection do
not apply to any person engaged in transportation by vehicle of property sold
or to be sold, or used by him in the furtherance of any commercial enterprise
other than as provided in paragraph (d), or to the carriage of any property for
compensation.

(c) Special mobile equipment.

(d) The vehicle of any person, when that vehicle
is being used in the production of motion pictures, including films to be shown
in theaters and on television, industrial training and educational films,
commercials for television and video discs and tapes.

(e) A private motor carrier of property which is
used for any convention, show, exhibition, sporting event, carnival, circus or
organized recreational activity.

(f) A private motor carrier of property which is
used to attend livestock shows and sales.

2. Unless exempted by a specific state
statute or a specific federal statute, regulation or rule, any person referred
to in subsection 1 is subject to:

(a) The provisions of subsection [4]1 of
NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and
706.458.

(b) All rules and regulations adopted by
reference pursuant to subsection [2]1 of NRS 706.171 concerning the safety of drivers
and vehicles.

3. The provisions of NRS 706.311 to
706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 which authorize the [commission]authority
to issue certificates of public convenience and necessity and contract
carriers permits and to regulate rates, routes and services apply only to
fully regulated carriers.

4. Any person who operates under a claim
of an exemption provided by this section but who is found to be operating in a
manner not covered by any of those exemptions immediately becomes liable, in
addition to any other penalties provided in this chapter, for the fee
appropriate to his actual operation as prescribed in this chapter, computed
from the date when that operation began.

Sec. 191. NRS 706.745 is
hereby amended to read as follows:

706.745 1. The provisions of
NRS 706.386 and 706.421 do not apply to ambulances or hearses.

2. A common motor carrier who enters into
an agreement for the purchase of its service by an incorporated city, county or
regional transportation commission is not required to obtain a certificate of
public convenience and necessity to operate a system of public transit
consisting of regular routes and fixed schedules. Under such an agreement, the
public entity shall establish the routes and fares and provide for any required
safety inspections.

3. A nonprofit carrier of elderly or
physically or mentally handicapped persons is not required to obtain a
certificate of public convenience and necessity to operate as a common motor
carrier of such passengers only, but such a carrier is not exempt from
inspection by the [commission]authority to determine whether its vehicles and their
operation are safe.

4. An incorporated city, county or
regional transportation commission is not required to obtain a certificate of
public convenience and necessity to operate a system of public transportation.

Sec. 192. NRS 706.749 is
hereby amended to read as follows:

706.749 1. The [commission]authority
may issue a permit, valid for 1 year after the date of issuance, to an employer
to transport his employees between their place of work and their homes or one
or more central parking areas if the employer files an application, on a form
provided by the [commission,]authority, showing:

(a) The name of the employer;

(b) The places where employees will be picked up
and discharged, including the location of their place of work;

(c) Identification of each vehicle to be used
and certification that it is owned or the subject of a long-term lease by the
employer;

(d) That each vehicle is registered to and
operated by the employer; and

(e) Any charge which will be made for the
service.

2. The employer must pay a fee of $10 for
each vehicle which he will regularly use to transport his employees.

3. The employer must charge no fare for
the use of the service, or no more than an amount required to amortize the cost
of the vehicle and defray the cost of operating it.

(a) Operates a vehicle or causes it to be
operated in any carriage to which the provisions of NRS 706.011 to 706.861,
inclusive, and sections 104 to 128, inclusive, of this
act, apply without first obtaining a certificate, permit or license, or
in violation of the terms thereof;

(b) Fails to make any return or report required
by the provisions of NRS 706.011 to 706.861, inclusive, and
sections 104 to 128, inclusive, of this act, or by the [commission]authority
or the department pursuant to the provisions of NRS 706.011 to 706.861,
inclusive [;], and sections 104 to 128, inclusive, of this act;

(c) Violates, or procures, aids or abets the
violating of, any provision of NRS 706.011 to 706.861, inclusive [;], and
sections 104 to 128, inclusive, of this act;

(d) Fails to obey any order, decision or
regulation of the [commission]authority or the department;

(e) Procures, aids or abets any person in his
failure to obey such an order, decision or regulation;

(f) Advertises, solicits, proffers bids or
otherwise holds himself out to perform transportation as a common or contract
carrier in violation of any of the provisions of NRS 706.011 to 706.861,
inclusive [;], and sections 104 to 128, inclusive, of this act;

(g) Advertises as providing the services of a
fully regulated carrier without including the number of his certificate of
public convenience and necessity or contract carriers permit in each
advertisement;

(h) Knowingly offers, gives, solicits or accepts
any rebate, concession or discrimination in violation of the provisions of this
chapter;

(i) Knowingly, willfully and fraudulently seeks
to evade or defeat the purposes of this chapter;

(j) Operates or causes to be operated a vehicle
which does not have the proper identifying device;

(k) Displays or causes or permits to be
displayed a certificate, permit, license or identifying device, knowing it to
be fictitious or to have been canceled, revoked, suspended or altered;

(l) Lends or knowingly permits the use of by one
not entitled thereto any certificate, permit, license or identifying device
issued to the person so lending or permitting the use thereof; or

(m) Refuses or fails to surrender to the [commission]authority
or department any certificate, permit, license or identifying device which has
been suspended, canceled or revoked pursuant to the provisions of this chapter,

is guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not less than $100 nor more than $1,000, or by
imprisonment in the county jail for not more than 6 months, or by both fine and
imprisonment.

2. A person convicted of a misdemeanor
for a violation of the provisions of NRS 706.386 or 706.421 shall be punished:

(a) For the first offense by a fine of not less
than $500 nor more than $1,000;

(b) For a second offense within 12 consecutive
months and each subsequent offense by a fine of $1,000; or

(c) For any offense, by imprisonment in the
county jail for not more than 6 months, or by both the prescribed fine and
imprisonment.

3. The fines provided in this section are
mandatory and must not be reduced under any circumstances by the court.

4. Any bail allowed must not be less than
the appropriate fine provided for by this section.

Sec. 194. NRS 706.761 is
hereby amended to read as follows:

706.761 1. Any agent or
person in charge of the books, accounts, records, minutes or papers of any
private, common or contract motor carrier of passengers or household goods or
broker of any of these services who refuses or fails for a period of 30 days to
furnish the [commission]authority or department with any report required by
either or who fails or refuses to permit any person authorized by the [commission]authority
or department to inspect such books, accounts, records, minutes or papers on
behalf of the [commission]authority or department is liable to a penalty in a sum
of not less than $300 nor more than $500. The penalty may be recovered in a
civil action upon the complaint of the [commission]authority or department in any court of competent
jurisdiction.

2. Each days refusal or failure is a
separate offense, and is subject to the penalty prescribed in this section.

Sec. 195. NRS 706.766 is
hereby amended to read as follows:

706.766 1. It is unlawful
for any fully regulated carrier to charge, demand, collect or receive a greater
or less compensation for any service performed by it within [the]this
state or for any service in connection therewith than is specified in its fare,
rates, joint rates, charges or rules and regulations on file with the [commission,]authority,
or to demand, collect or receive any fare, rate or charge not specified. The
rates, tolls and charges named therein are the lawful rates, tolls and charges
until they are changed as provided in this chapter.

2. It is unlawful for any fully regulated
carrier to grant any rebate, concession or special privilege to any person
which, directly or indirectly, has or may have the effect of changing the
rates, tolls, charges or payments.

3. Any violation of the provisions of
this section subjects the violator to the penalty prescribed in NRS 706.761.

Sec. 196. NRS 706.771 is
hereby amended to read as follows:

706.771 1. Any [fully regulated carrier, broker of regulated services
or other person who transports or stores household goods,]person or any agent or employee thereof, who violates
any provision of this chapter, any lawful regulation of the [commission]authority
or any lawful tariff on file with the [commission]authority or who fails, neglects or refuses to obey
any lawful order of the [commission]authority or any court order for whose violation
a civil penalty is not otherwise prescribed is liable to a penalty of not more
than $10,000 for any violation. The penalty may be recovered in a civil action upon the complaint of the [commission] authority
in any court of competent jurisdiction.

civil action upon the complaint of the [commission]authority
in any court of competent jurisdiction.

2. If the [commission]authority does not bring an action to recover the
penalty prescribed by subsection 1, the [commission]authority may impose an administrative fine of
not more than $10,000 for any violation of a provision of this chapter or any
rule, regulation or order adopted or issued by the [commission]authority or department pursuant to the
provisions of this chapter. A fine imposed by the [commission]authority may be recovered by the [commission]authority
only after notice is given and a hearing is held pursuant to the provisions of
chapter 233B of NRS.

3. All administrative fines imposed and
collected by the [commission]authority pursuant to subsection 2 are payable to the
state treasurer and must be credited to a separate account to be used by the [commission]authority
to enforce the provisions of this chapter.

4. A penalty or fine recovered pursuant
to this section is not a cost of service for purposes of rate making.

Sec. 197. NRS 706.776 is
hereby amended to read as follows:

706.776 1. The owner or
operator of a motor vehicle to which any provisions of NRS 706.011 to 706.861,
inclusive, and sections 104 to 128, inclusive, of this
act, apply carrying passengers or property on any highway in the State
of Nevada shall not require or permit any driver of the motor vehicle to drive
it in any one period longer than the time permitted for that period by the
order of the [commission]authority or the department.

2. In addition to other persons so
required, the labor commissioner shall enforce the provisions of this section.

Sec. 198. NRS 706.779 is
hereby amended to read as follows:

706.779 The [commission]authority and its inspectors may, upon halting a
person for a violation of the provisions of NRS 706.386 or 706.421, move his
vehicle or cause it to be moved to the nearest garage or other place of
safekeeping until it is removed in a manner which complies with the provisions
of this chapter.

Sec. 199. NRS 706.781 is
hereby amended to read as follows:

706.781 In addition to all the other
remedies provided by NRS 706.011 to 706.861, inclusive, and
sections 104 to 128, inclusive, of this act, for the prevention and
punishment of any violation of the provisions thereof and of all orders of the [commission]authority
or the department, the [commission]authority or the department may compel compliance
with the provisions of NRS 706.011 to 706.861, inclusive, and sections 104 to 128, inclusive, of this act, and
with the orders of the [commission]authority or the department by proceedings in
mandamus, injunction or by other civil remedies.

Sec. 200. NRS 706.881 is
hereby amended to read as follows:

706.881 1. NRS 706.8811 to
706.885, inclusive, apply to any county:

(a) Whose population is 400,000 or more; or

(b) For whom regulation by the taxicab authority
is not required if its board of county commissioners has enacted an ordinance
approving the inclusion of the county within the jurisdiction of the taxicab authority.

2. Upon receipt of a certified copy of
such an ordinance from a county for whom regulation by the taxicab authority is
not required, the taxicab authority shall exercise its
regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, within
that county.

authority shall exercise its regulatory authority pursuant
to NRS 706.8811 to 706.885, inclusive, within that county.

3. Within any such county, the provisions
of this chapter which confer regulatory authority over taxicab motor carriers
upon the [public service commission of Nevada]transportation services authority do not apply.

Sec. 201. NRS 706.8813 is
hereby amended to read as follows:

706.8813 Certificate holder means a
person who holds a current certificate of public convenience and necessity
which was issued for the operation of a taxicab business by:

1. The public service commission of
Nevada [prior to]before July 1, 1981, and which has not been
transferred, revoked or suspended by the transportation
services authority, the taxicab authority [,]or the public [service]utilities commission of Nevada , or by operation of law; [or]

2. The taxicab authority and which has
not been transferred, revoked or suspended by the taxicab authority or by
operation of law.

Sec. 202. NRS 706.8818 is
hereby amended to read as follows:

706.8818 1. A taxicab
authority, consisting of five members appointed by the governor, is hereby
created. No member may serve for more than 6 years. No more than three members
may be members of the same political party, and no elected officer of the state
or any political subdivision is eligible for appointment.

2. Each member of the taxicab authority
is entitled to receive a salary of not more than $80, as fixed by the
authority, for each day actually employed on work of the authority.

3. While engaged in the business of the
taxicab authority, each member and employee of the authority is entitled to
receive the per diem allowance and travel expenses provided for state officers
and employees generally.

4. The taxicab authority shall maintain
its principal office in the county or area of the state where it performs most
of its regulatory activity.

5. The taxicab authority may adopt
appropriate regulations for the administration and enforcement of NRS 706.881
to 706.885, inclusive, and as it may deem necessary, for the conduct of the
taxicab business and the qualifications of and the issuance of permits to
taxicab drivers, not inconsistent with the provisions of NRS 706.881 to
706.885, inclusive. The regulations may include different provisions to allow
for differences among the counties to which NRS 706.881 to 706.885, inclusive,
apply. Local law enforcement agencies and the Nevada highway patrol, upon
request of the [taxicab] authority,
may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive,
and regulations adopted pursuant thereto.

6. Except to the extent of any
inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, every
regulation and order issued by the public [service]utilities commission of Nevada or the transportation services authority remains
effective in a county to which those sections apply until modified or rescinded
by the taxicab authority, and must be enforced by the taxicab authority.

Sec. 203. NRS 706.8819 is
hereby amended to read as follows:

706.8819 1. The
taxicab authority shall conduct hearings and make final decisions in the
following matters:

[1.](a) Applications to adjust, alter or change the
rates, charges or fares for taxicab service;

[2.](b) Applications for certificates of public
convenience and necessity to operate a taxicab service;

[3.](c) Applications requesting authority to transfer
any existing interest in a certificate of public convenience and necessity or
in a corporation that holds a certificate of public convenience and necessity
to operate a taxicab business;

[4.](d) Applications to change the total number of
allocated taxicabs in a county to which NRS 706.881 to 706.885, inclusive, apply;
and

[5.](e) Appeals from final decisions of the administrator
made pursuant to NRS 706.8822.

2. An appeal to
the final decision of the taxicab authority must be made to the transportation
services authority.

Sec. 204. NRS 706.8833 is
hereby amended to read as follows:

706.8833 1. The color
scheme, insigne and design of the cruising lights of each taxicab must conform
to those approved for the certificate holder [by
the administrator] pursuant to regulations of the [taxicab] authority.

2. The [administrator]authority shall approve or disapprove the color
scheme, insigne and design of the cruising lights of the taxicabs of a
certificate holder in any county, and shall ensure that the color scheme and
insigne of one certificate holder are readily distinguishable from the color
schemes and insignia of other certificate holders operating in the same county.

Sec. 205. NRS 706.88395 is
hereby amended to read as follows:

706.88395 1. A vehicle used
as a taxicab , limousine or other passenger vehicle
in passenger service must be impounded by the administrator if a certificate of
public convenience and necessity has not been issued authorizing its operation.
A hearing must be held by the administrator no later than the conclusion of the
second normal business day after impoundment, weekends and holidays excluded.
As soon as practicable after impoundment, the administrator shall notify the
registered owner of the vehicle [of]:

(a) That the registered
owner of the vehicle must post a bond in the amount of $20,000 to ensure his
presence at all proceedings held pursuant to this section;

(b) Of the time
set for the hearing ; and

(c) Of his
right to be represented by counsel during all phases of the proceedings.

2. The administrator shall hold the vehicle
until the registered owner of the vehicle appears and [proves:

(a) That]:

(a) Proves that he
is the registered owner of the vehicle;

(b) [That]Proves that he holds a valid certificate of
public convenience and necessity; [and

(c) That]

(c) Proves that
the vehicle meets all required standards of the authority [.]; and

The administrator shall return the vehicle to its registered
owner when the owner meets the requirements of this subsection and pays all
costs of impoundment.

3. If the registered owner is unable to
meet the requirements of paragraphs (b) or (c) or
subsection 2, the administrator [shall give the
registered owner access to the vehicle so that he can remove all taxicab
paraphernalia.]may assess an
administrative fine against the registered owner for each such violation in the
amount of $5,000. The maximum amount of the administrative fine that may be
assessed against a registered owner for a single impoundment of his vehicle
pursuant to this section is $10,000. The administrator shall return the
vehicle after [all taxicab paraphernalia is
removed]any administrative fine imposed
pursuant to this subsection and all costs of impoundment have been paid.

Sec. 206. NRS 707.360 is
hereby amended to read as follows:

707.360 1. The
rehabilitation division of the department of employment, training and
rehabilitation shall develop and administer a program whereby:

(a) Any person who is a customer of a telephone
company which provides service through a local exchange and who is certified by
the division to be deaf or to have severely impaired speech or hearing may
obtain a device for telecommunication capable of serving the needs of such
persons at no charge to the customer beyond the rate for basic service; and

(b) Any person who is deaf or has severely
impaired speech or hearing may communicate by telephone with other persons
through a dual-party relay system.

The program must be approved by the public [service]utilities
commission of Nevada.

2. A surcharge is hereby imposed on each
access line of each customer to the local exchange of any telephone company
providing such lines in this state which is sufficient to cover the costs of
the program. The commission shall establish by regulation the amount to be
charged. Those companies shall collect the surcharge from their customers and
transfer the money collected to the commission pursuant to regulations adopted
by the commission.

3. The account for telecommunication and
relay services for persons with impaired speech or hearing is hereby created
within the state general fund and must be administered by the division. Any
money collected from the surcharge imposed pursuant to subsection 2 must be
deposited in the state treasury for credit to the account. The money in the
account may be used only:

(a) For the purchase, maintenance, repair and
distribution of the devices for telecommunication, including the distribution
of devices to state agencies and nonprofit organizations;

(b) To establish and maintain the dual-party
relay system;

(c) To reimburse telephone companies for the expenses
incurred in collecting and transferring to the commission the surcharge imposed
by the commission;

(a) Device for telecommunication means a
device which has a keyboard used to send messages by telephone, which visually
displays or prints messages received and which is compatible with the system of
telecommunication with which it is being used.

(b) Dual-party relay system means a system
whereby persons who have impaired speech or hearing, and who have been
furnished with devices for telecommunication, may relay communications through
third parties to persons who do not have access to such devices.

Sec. 207. NRS 708.010 is
hereby amended to read as follows:

708.010 As used in this chapter,
commission means the public [service]utilities commission of Nevada.

Sec. 208. NRS 709.145 is
hereby amended to read as follows:

709.145 1. Any political
subdivision of the State of Nevada which operates or controls a water company,
or the board of county commissioners of any county from which a franchise has
been obtained, pursuant to NRS 709.050 to 709.170, inclusive, by a water
company exempt from regulation by the public [service]utilities commission of Nevada, may contract with
the public [service]utilities commission of Nevada for rate determination
assistance, engineering services or financing advice concerning that water
company.

2. Any such contract does not divest a
political subdivision or a board of county commissioners of any of its
jurisdiction over that water company.

3. The public [service]utilities commission of Nevada may charge a
reasonable fee for those services.

Sec. 209. NRS 709.146 is
hereby amended to read as follows:

709.146 Any water company exempt from
regulation by the public [service]utilities commission of Nevada and franchised pursuant
to NRS 709.050 to 709.170, inclusive, shall, upon request by the board of
county commissioners of the county from which such water company obtained its
franchise, produce its books and records for inspection by such board of county
commissioners, or the public [service]utilities commission.

Sec. 210. NRS 709.160 is
hereby amended to read as follows:

709.160 Nothing contained in NRS 709.050
to 709.170, inclusive, [shall]must be so construed as to deprive the public [service]utilities
commission of Nevada of full power to regulate and control, as prescribed by
law, the service, practices, regulations and charges, subject to the maximum
charges fixed by the board of county commissioners upon granting the franchise,
and subject also to the provisions of NRS 709.110, of all [public] utilities receiving franchises
as provided in NRS 709.050 to 709.170, inclusive.

Sec. 211. NRS 709.240 is
hereby amended to read as follows:

709.240 1. All poles from
which wires are suspended for electric power, light or heating purposes within
the boundaries of unincorporated towns or cities and over public highways shall
be subject to such rules and regulations in constructing and maintaining the
same as may be prescribed by the public [service]utilities commission of Nevada.

2. The persons or corporations operating
such electric light, heat or power lines shall provide a competent electrician,
at the expense of such persons or corporations, to cut, repair and replace
wires in all cases where such cutting, repairing or replacing is made necessary
by the removal of buildings or other property through the public streets or
highways.

Sec. 212. NRS 710.145 is
hereby amended to read as follows:

710.145 1. Notwithstanding
the provisions of any other statute, a telephone system which is under the
control and management of a county may extend its operation across county
boundaries if:

(a) The proposed operations are not within the
scope of activities regulated pursuant to chapter 704 of NRS;

(b) The public [service]utilities commission of Nevada has, pursuant to
subsection 3 of NRS 704.040, determined that the extended services are
competitive or discretionary and that regulation thereof is unnecessary; or

(c) The public [service]utilities commission of Nevada has, in an action
commenced under NRS 704.330 and after 20 days notice to all telephone
utilities providing service in the county into which the operation is to be
extended, determined that no other telephone service can reasonably serve the
area into which the extension is to be made and approves the extension of the
system. No such extension may be permitted for a distance of more than 10
miles.

2. Except as otherwise provided in
subsection 1, nothing in this section vests jurisdiction over a county
telephone system in the public [service]utilities commission of Nevada.

Sec. 213. NRS 711.030 is
hereby amended to read as follows:

711.030 Community antenna television
company means any person or organization which owns, controls, operates or
manages a community antenna television system, except that the definition does not
include:

1. A telephone, telegraph or electric
utility regulated by the public [service]utilities commission of Nevada where the utility
merely leases or rents to a community antenna television company wires or
cables for the redistribution of television signals to or toward subscribers of
that company; or

2. A telephone or telegraph utility
regulated by the public [service]utilities commission of Nevada where the utility merely
provides channels of communication under published tariffs filed with that
commission to a community antenna television company for the redistribution of
television signals to or toward subscribers of that company.

Sec. 214. NRS 711.240 is
hereby amended to read as follows:

711.240 1. Except with
respect to reasonable promotional activities, a person shall not advertise,
offer to provide or provide any service to subscribers of television services
at a rate, including any rebate, less than the cost to the company to provide
the service which is advertised, offered or provided with the intent to:

(a) Impair fair competition or restrain trade
among companies which provide services in the same area; or

(b) Create a monopoly.

2. For the purposes of this section,
cost means the expense of doing business including, without limitation,
expenses for labor, rent, depreciation, interest,
maintenance, delivery of the service, franchise fees, taxes, insurance and
advertising.

3. A community antenna television company
may offer any telecommunication or related services which are offered in the
same area by a telephone company, pursuant to chapter 704 of NRS and
regulations approved by the public [service]utilities commission of Nevada for providers of
similar services. A community antenna television company shall obtain a certificate
of public convenience and necessity pursuant to NRS 704.330 before providing
telecommunication or related services which are subject to regulation by the
public [service]utilities commission of Nevada.

4. A violation of subsection 1
constitutes a prohibited act under NRS 598A.060. The attorney general and any
other person may exercise the powers conferred by that chapter to prevent,
remedy or punish such a violation. The provisions of chapter 598A of NRS apply
to any such violation.

Sec. 215. NRS 712.020 is
hereby amended to read as follows:

712.020 The legislature hereby finds and
declares that the storage of household goods and effects in warehouses affects
the public interest and the public welfare, and in the exercise of its police
power it is necessary to vest in the [public
service commission of Nevada]transportation
services authority the authority to set certain standards as to fitness
and financial stability, and to require certain insurance as a condition for
engaging in such storage business.

Sec. 216. NRS 712.040 is
hereby amended to read as follows:

712.040 [No]A person shall not
engage in the storage of household goods and effects without first having
obtained from the [commission]transportation services authority a warehouse permit to
conduct such service.

(a) Require proof of financial ability to
protect persons storing property from loss or damage, and a showing of
sufficient assets, including working capital, to carry out the proposed
service.

(b) Determine that the applicant has sufficient
experience in and knowledge of the storage in a warehouse of household goods
and effects, and the [commissions]
regulations of the transportation services authority governing
the storage of household goods and effects.

(c) Require proof that the applicant carries a
legal policy of liability insurance evidencing coverage against fire, theft,
loss and damage for stored property and effects in an amount not less than the
base release value set forth in the tariff approved by the [commission]transportation
services authority governing the transportation of household goods and
effects for those articles not covered by private insurance. Except upon 30
days written notice to the [commission,]transportation services authority, the insurance
must not be canceled during the period for which any permit is issued. Failure
to keep the insurance in effect is cause for revocation of any warehouse
permit.

(d) Require information showing that the property
to be used for storage of household goods and effects is reasonably suitable
for that purpose. Failure to maintain the property in suitable condition is
cause for revocation of any warehouse permit.

(e) Collect an initial fee for the permit as set
by the commission according to the gross volume of business in an amount not
less than $25 nor more than $50.

2. On or before January 1 of each year,
the holder of a warehouse permit shall pay to the [commission]transportation services authority an annual fee
as set by the [commission]transportation services authority pursuant to paragraph
(e) of subsection 1.

3. Any person who fails to pay the annual
fee on or before the date provided in this section shall pay a penalty of 10
percent of the amount of the fee plus interest on the amount of the fee at the
rate of 1 percent per month or fraction of a month from the date the fee is due
until the date of payment.

Sec. 218. NRS 712.060 is
hereby amended to read as follows:

712.060 The [commission]transportation services authority or its agents
may:

1. Inspect any property proposed to be
used for storage of household goods and effects to determine its suitability.

2. Examine the premises, books and
records of any permit holder.

Sec. 219. NRS 712.070 is
hereby amended to read as follows:

712.070 The [commission]transportation services authority shall adopt
such rules or regulations as may be required for the administration of this
chapter.

Sec. 220. NRS 37.010 is
hereby amended to read as follows:

37.010 Subject to the provisions of this
chapter, the right of eminent domain may be exercised in behalf of the
following public purposes:

1. Federal activities. All public
purposes authorized by the Government of the United States.

2. State activities. Public buildings and
grounds for the use of the state, the University and Community College System
of Nevada and all other public purposes authorized by the legislature.

3. County, city, town and school district
activities. Public buildings and grounds for the use of any county,
incorporated city or town, or school district, reservoirs, water rights,
canals, aqueducts, flumes, ditches or pipes for conducting water for the use of
the inhabitants of any county, incorporated city or town, for draining any
county, incorporated city or town, for raising the banks of streams, removing
obstructions therefrom, and widening, deepening or straightening their
channels, for roads, streets and alleys, and all other public purposes for the
benefit of any county, incorporated city or town, or the inhabitants thereof.

5. Ditches, canals, aqueducts for
smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water
gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying
persons, mines, mills, smelters or other works for the reduction of ores, with
water for domestic and other uses, for irrigating purposes, for draining and
reclaiming lands, or for floating logs and lumber on streams not navigable.

(a) Mining and related activities, which are
recognized as the paramount interest of this state.

(b) Roads, railroads, tramways, tunnels,
ditches, flumes, pipes and dumping places to facilitate the milling, smelting
or other reduction of ores, or the working of mines, and for all mining
purposes, outlets, natural or otherwise, for the deposit or conduct of
tailings, refuse, or water from mills, smelters, or other work for the
reduction of ores from mines, mill dams, pipe lines, tanks or reservoirs for
natural gas or oil, an occupancy in common by the owners or possessors of
different mines, mills, smelters or other places for the reduction of ores, or
any place for the flow, deposit or conduct of tailings or refuse matter and the
necessary land upon which to erect smelters and to operate them successfully,
including the deposit of fine flue dust, fumes and smoke.

7. Byroads. Byroads leading from highways
to residences and farms.

8. Public utilities. Lines for telegraph,
telephone, electric light and electric power and sites for plants for electric
light and power.

9. Sewerage. Sewerage of any city, town,
settlement of not less than 10 families or any public building belonging to the
state or college or university.

10. Water for generation and transmission
of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes
for supplying and storing water for the operation of machinery to generate and
transmit electricity for power, light or heat.

11. Cemeteries, public parks. Cemeteries
or public parks.

12. Pipe lines of beet sugar industry.
Pipe lines to conduct any liquids connected with the manufacture of beet sugar.

14. Aviation. Airports, facilities for
air navigation and aerial rights of way.

15. Monorails. Monorails and any other
overhead or underground system used for public transportation.

16. Community antenna television
companies. Community antenna television companies which have been granted a
franchise from the governing body of the jurisdictions in which they provide
services. The exercise of the power of eminent domain may include the right to
use the wires, conduits, cables or poles of any public utility if:

(a) It creates no substantial detriment to the
service provided by the utility;

(c) The public [service]utilities commission of Nevada, after giving
notice and affording a hearing to all persons affected by the proposed use of
the wires, conduits, cables or poles, has found that it is in the public
interest.

17. Redevelopment. The acquisition of
property pursuant to NRS 279.382 to 279.685, inclusive.

Sec. 221. NRS 78.085 is
hereby amended to read as follows:

78.085 1. Every railroad
company in this state shall, within 90 days after its road [shall be]is
finally located:

(a) Cause to be made a map and profile thereof,
and of the land taken and obtained for the use thereof, and the boundaries of
the several counties through which the road may run;

(b) File the same in the office of the secretary
of state and a duplicate thereof with the public [service]utilities commission of Nevada; and

(c) Cause to be made like maps of the parts
thereof located in different counties, and file the same in the office of the
recorder of the county in which such parts of the road [shall
be]are located.

2. The maps and profiles [shall]must
be certified by the chief engineer, the acting president, and secretary of such
company and copies of the same, so certified and filed as required by
subsection 1, [shall]must be kept in the office of the company, subject to
examination by all interested persons.

Sec. 222. (Deleted by
amendment.)

Sec. 223. NRS 113.060 is
hereby amended to read as follows:

113.060 1. Any person who is
proposing to sell a previously unsold home or improved lot for which water or
sewerage services will be provided by a public utility that:

(a) Serves or plans to serve more than 25
customers; and

(b) Presently serves fewer than 2,000 customers,

shall post in a conspicuous place on the property or at his
sales office if an improved lot is being sold, a notice which states the
current rates to be charged for such services or, if the public utility is not
presently serving customers, the projected rates to be charged. The notice must
also contain the name, address and telephone number of the public utility and
the division of consumer [relations]complaint resolution of the public [service]utilities
commission of Nevada.

2. Before the home or lot is sold, the
seller shall give the purchaser a copy of the notice described in subsection 1.

Sec. 224. NRS 118B.140 is
hereby amended to read as follows:

118B.140 The landlord or his agent or
employee shall not:

1. Require a person to purchase a mobile
home from him or any other person as a condition to renting a mobile home lot
to the purchaser or give an adjustment of rent or fees, or provide any other
incentive to induce the purchase of a mobile home from him or any other person.

2. Charge or receive:

(a) Any entrance or exit fee for assuming or
leaving occupancy of a mobile home lot.

(b) Any transfer or selling fee or commission as
a condition to permitting a tenant to sell his mobile home or recreational
vehicle within the mobile home park even if the mobile home or recreational
vehicle is to remain within the park, unless the landlord
is licensed as a dealer of mobile homes pursuant to NRS 489.311 and has acted
as the tenants agent in the sale pursuant to a written contract.

within the park, unless the landlord is licensed as a dealer
of mobile homes pursuant to NRS 489.311 and has acted as the tenants agent in
the sale pursuant to a written contract.

(c) Any fee for the tenants spouse or children.

(d) Any fee for pets kept by a tenant in the
park. If special facilities or services are provided, the landlord may also
charge a fee reasonably related to the cost of maintenance of the facility or
service and the number of pets kept in the facility.

(e) Any additional service fee unless the
landlord provides an additional service which is needed to protect the health
and welfare of the tenants, and written notice advising each tenant of the
additional fee is sent to the tenant 90 days in advance of the first payment to
be made, and written notice of the additional fee is given to prospective
tenants on or before commencement of their tenancy. A tenant may only be
required to pay the additional service fee for the duration of the additional
service.

(f) Any fee for a late monthly rental payment
within 4 days of the date the rental payment is due or which exceeds $1 for
each day which the payment is overdue, beginning on the day after the payment
was due. Any fee for late payment of charges for utilities must be in
accordance with the requirements prescribed by the public [service]utilities
commission of Nevada.

(g) Any fee, surcharge or rent increase to
recover from his tenants the costs resulting from converting from a
master-metered water system to individual water meters for each mobile home
lot.

Sec. 225. Chapter 119 of NRS
is hereby amended by adding thereto a new section to read as follows:

It is unlawful for a developer
to sell any lot, parcel, unit or interest in a subdivision without disclosing
to the purchaser in writing, before the purchaser signs any binding agreement,
the location in the subdivision, and on all land contiguous thereto, of all
rights of way and easements for transmission lines of public utilities that
supply electricity if the developer knows or reasonably should know the
locations of such rights of way and easements.

Sec. 226. NRS 119.121 is
hereby amended to read as follows:

119.121Unless the method
of disposition is adopted to evade the provisions of this chapter or of the
provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701
to 1720, inclusive, if each lot, parcel, interest or unit being offered or
disposed of in any subdivision is at least one-sixteenth of a section as
described by a survey of the government land office, but not less than 35
acres, or 40 acres in area, including roadways and easements, but not more than
80 acres in size, and the developer:

1. Completes an application in such form
and containing such reasonable information as the division may require;

2. Pays the fees prescribed in this
chapter for a permit for partial registration;

3. Requires the purchaser or his agent to
inspect the land before purchasing it; and

4. Signs an affirmation which states that
the purchaser or his agent has inspected the land before purchasing it and
makes that affirmation a matter of record pursuant to the regulations of the
division,

the developer need only comply with the provisions of NRS
119.183, 119.184 and 119.230 [.], and section 225 of this act.

Sec. 227. NRS 120A.220 is
hereby amended to read as follows:

120A.220 All intangible personal property
held for the owner by any court, public corporation, public authority or public
officer, an appointee thereof, a federal or state governmental entity or a
political subdivision thereof, that has remained unclaimed by the owner for
more than 5 years after it became payable or distributable is presumed
abandoned and subject to the provisions of this chapter if:

1. The last known address or residence of
the owner of the property is in this state; or

2. The property is otherwise abandoned in
this state.

This section does not apply to refunds held by the public [service]utilities
commission of Nevada pursuant to NRS 703.375.

Sec. 228. NRS 179A.100 is
hereby amended to read as follows:

179A.100 1. The following
records of criminal history may be disseminated by an agency of criminal
justice without any restriction pursuant to this chapter:

(a) Any which reflect records of conviction
only; and

(b) Any which pertain to an incident for which a
person is currently within the system of criminal justice, including parole or
probation.

2. Without any restriction pursuant to
this chapter, a record of criminal history or the absence of such a record may
be:

(a) Disclosed among agencies which maintain a
system for the mutual exchange of criminal records.

(b) Furnished by one agency to another to
administer the system of criminal justice, including the furnishing of information
by a police department to a district attorney.

(c) Reported to the central repository.

3. An agency of criminal justice shall
disseminate to a prospective employer, upon request, records of criminal
history concerning a prospective employee or volunteer which:

(a) Reflect convictions only; or

(b) Pertain to an incident for which the
prospective employee or volunteer is currently within the system of criminal
justice, including parole or probation.

4. The central repository shall
disseminate to a prospective or current employer, upon request, information
relating to sexual offenses concerning an employee, prospective employee,
volunteer or prospective volunteer who gives his written consent to the release
of that information.

5. Records of criminal history must be
disseminated by an agency of criminal justice upon request, to the following
persons or governmental entities:

(a) The person who is the subject of the record
of criminal history for the purposes of NRS 179A.150.

(b) The person who is the subject of the record
of criminal history or his attorney of record when the subject is a party in a
judicial, administrative, licensing, disciplinary or other proceeding to which
the information is relevant.

(c) The state gaming control board.

(d) The state board of nursing.

(e) The private investigators licensing board
to investigate an applicant for a license.

(f) A public administrator to carry out his
duties as prescribed in chapter 253 of NRS.

(g) A public guardian to investigate a ward or
proposed ward or persons who may have knowledge of assets belonging to a ward
or proposed ward.

(h) Any agency of criminal justice of the United
States or of another state or the District of Columbia.

(i) Any public utility subject to the
jurisdiction of the public [service]utilities commission of Nevada when the
information is necessary to conduct a security investigation of an employee or
prospective employee, or to protect the public health, safety or welfare.

(j) Persons and agencies authorized by statute,
ordinance, executive order, court rule, court decision or court order as
construed by appropriate state or local officers or agencies.

(k) Any person or governmental entity which has
entered into a contract to provide services to an agency of criminal justice
relating to the administration of criminal justice, if authorized by the
contract, and if the contract also specifies that the information will be used
only for stated purposes and that it will be otherwise confidential in
accordance with state and federal law and regulation.

(l) Any reporter for the electronic or printed
media in his professional capacity for communication to the public.

(m) Prospective employers if the person who is
the subject of the information has given written consent to the release of that
information by the agency which maintains it.

(n) For the express purpose of research, evaluative
or statistical programs pursuant to an agreement with an agency of criminal
justice.

(o) The division of child and family services of
the department of human resources and any county agency that is operated
pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to
receive and investigate reports of abuse or neglect of children and which
provides or arranges for protective services for such children.

6. Agencies of criminal justice in this
state which receive information from sources outside [the]this state concerning transactions involving
criminal justice which occur outside Nevada shall treat the information as
confidentially as is required by the provisions of this chapter.

Secs. 229-233. (Deleted by
amendment.)

Sec. 234. Chapter 228 of NRS is
hereby amended by adding thereto the provisions set forth as sections 235 to
239, inclusive, of this act.

Sec. 235. Bureau of consumer protection means the bureau of consumer
protection in the office of the attorney general.

Sec. 237. Cooperative utility means a cooperative association or
nonprofit corporation or association which supplies utility services for the
use of its own members only.

Sec. 238. Public interest means the interests or rights of the State
of Nevada and of the residents of this state, or a broad class of those
residents, which arise from the constitutions, court decisions and statutes of
this state and of the United States and from the common law.

Sec. 239. 1. The consumers advocate:

(a) May compile and maintain
a data base of the types of telecommunication services that are available in
this state. Such a data base must be:

(1) In a format
that can be easily understood; and

(2) Updated
annually.

(b) Shall perform
outreach programs, identify problems and facilitate the development of
solutions relating to the provision of telecommunication service to public
schools, public libraries, medical facilities and local governments in rural
counties.

(c) Shall act as an
advocate for the public schools, public libraries, medical facilities,
businesses and general public of this state before the public utilities
commission of Nevada relating to the provision of universal telephone service
and access to universal service.

(d) Facilitate
coordination among the agencies and local governments of this state and the
commission regarding issues relating to telecommunication services.

2. As used in this
section:

(a) Medical facility
has the meaning ascribed to it in NRS 449.0151.

(b) Rural county means
a county whose population is less than 100,000.

(c) Universal service
means the availability of affordable and reliable basic telephone service to as
many customers in this state as economically and operationally practicable.

Sec. 240. NRS 228.096 is
hereby amended to read as follows:

228.0961. The
attorney generals special fund is hereby created as a special revenue fund.

2. [Except
as otherwise provided by NRS 598A.260, all money received by the attorney
general pursuant to those provisions of law relating to private investigators
and to recoveries for unfair trade practices must be deposited in the state
treasury for credit to the attorney generals special fund.

3.] All
claims against the fund must be paid as other claims against the state are
paid.

Sec. 241. NRS 228.097 is
hereby amended to read as follows:

228.097 [Except
as he is required by NRS 228.096 to deposit certain money in a special fund,
the]The attorney general shall
deposit in the state general fund all money collected by him which is in excess
of the amount authorized for expenditure by the legislature.

228.098 [Except
as provided in NRS 228.096, money]Money
for the support of the operations of the office of attorney general from
whatever source it is derived must be accounted for in the attorney generals
administration budget account.

Sec. 243. NRS 228.300 is
hereby amended to read as follows:

228.300 As used in NRS 228.300 to
228.390, inclusive, and sections 235 to 239, inclusive,
of this act, unless the context otherwise requires [:

1. Consumers
advocate means the advocate for customers of public utilities.

2. Cooperative
utility means a cooperative association or nonprofit corporation or
association which supplies utility services for the use of its own members
only.

3. Public
interest means the interests or rights of the State of Nevada and of the
citizens of the state, or a broad class of those citizens, which arise from the
constitutions, court decisions and statutes of this state and of the United
States and from the common law, as those interests and rights relate to the
regulation of public utilities.], the
words and terms defined in sections 235 to 238, inclusive, of this act, have
the meanings ascribed to them in those sections.

Sec. 244. NRS 228.310 is
hereby amended to read as follows:

228.3101. The [office
of advocate for customers of public utilities]bureau of consumer protection is hereby created within
the office of the attorney general. [The advocate
for customers of public utilities may be known as the consumers advocate.]

2. The executive
head of the bureau of consumer protection is the consumers advocate.

Sec. 245. NRS 228.330 is
hereby amended to read as follows:

228.330 The consumers advocate may:

1. Employ [the]such staff as are
necessary to carry out his duties and the functions of his office, in
accordance with the personnel practices and procedures established within the
attorney generals office. [The staff must
include:

(a) A person licensed to
practice law in this state, who shall serve as staff counsel;

(b) A person knowledgeable
in rate making and principles and policies of rate regulation;

(c) A specialist in
public utilities knowledgeable in accounting, finance or economics or one or
more related disciplines; and

(d) An administrative
assistant,

who must be in the unclassified
service of the state.] The consumers advocate has sole
discretion to employ and remove [the members]any member of his staff .[who are in the unclassified service.]

2. Purchase necessary equipment.

3. Lease or make other suitable arrangements
for office space, but any lease which extends beyond the term of 1 year must be
reviewed and approved by a majority of the members of the state board of
examiners.

4. Apply for an order or subpoena for the
appearance of witnesses or the production of books, papers and documents in any
proceeding in which he is a party or intervener, in the
same manner as any other party or intervener, and make arrangements for and pay
the fees or costs of any witnesses and consultants necessary to the proceeding.

he is a party or intervener, in the same manner as any other
party or intervener, and make arrangements for and pay the fees or costs of any
witnesses and consultants necessary to the proceeding. If any person ordered by
the public [service]utilities commission of Nevada to appear before it as a
witness pursuant to this subsection fails to obey the order, the commission
shall apply for a subpoena commanding the attendance of the witness.

5. Perform such other functions and make
such other arrangements as may be necessary to carry out his duties and the
functions of his office.

Sec. 246. NRS 228.340 is
hereby amended to read as follows:

228.340 1. [The account for the consumers advocate is hereby
created within the attorney generals special fund created pursuant to NRS
228.096. All money collected for the use of the consumers advocate must be
deposited in the state treasury for credit to the account.] Except as otherwise provided by NRS 598A.260, all money
collected by the bureau of consumer protection pursuant to NRS 704.033 and to
those provisions relating to private investigators and unfair trade practices
must be deposited with the state treasurer for credit to the account for the
bureau of consumer protection.

2. Money in the account may be used only
to defray the costs of maintaining the office of the consumers advocate and
for carrying out the provisions of NRS 228.300 to 228.390, inclusive.

3. All claims against the account must be
paid as other claims against the state are paid.

Sec. 247. NRS 228.360 is
hereby amended to read as follows:

228.360 The consumers advocate may, with
respect to all public utilities except railroads [,
common and contract motor carriers] and cooperative utilities,
and except as provided in NRS 228.380:

1. Conduct or contract for studies,
surveys, research or expert testimony relating to matters affecting the public
interest or the interests of utility customers.

2. Examine any books, accounts, minutes,
records or other papers or property of any public utility subject to the
regulatory authority of the public [service]utilities commission of Nevada in the same manner
and to the same extent as authorized by law for members of the public [service]utilities
commission of Nevada and its staff.

3. Petition for, request, initiate,
appear or intervene in any proceeding concerning rates, charges, tariffs,
modifications of service or any related matter before the public [service]utilities
commission of Nevada or any court, regulatory body, board, commission or agency
having jurisdiction over any matter which the consumers advocate may bring
before or has brought before the public [service]utilities commission of Nevada or in which the
public interest or the interests of any particular class of utility customers
are involved. The consumers advocate may represent the public interest or the
interests of any particular class of utility customers in any such proceeding,
and he is a real party in interest in the proceeding.

Sec. 248. NRS 228.370 is
hereby amended to read as follows:

228.370 All public utilities, except
railroads [, common and contract motor carriers]
and cooperative utilities, and except as provided in NRS 228.380,
shall provide the consumers advocate with copies of any proposed changes in
rates or service, correspondence, legal papers and other documents which are
served on or delivered or mailed to the public [service] utilities commission
of Nevada.

228.380, shall provide the consumers advocate with copies
of any proposed changes in rates or service, correspondence, legal papers and
other documents which are served on or delivered or mailed to the public [service]utilities
commission of Nevada.

Sec. 249. NRS 228.380 is
hereby amended to read as follows:

228.380 1. Except
as otherwise provided in this section, the consumers advocate may exercise the
power of the attorney general in areas of consumer protection, including, but
not limited to, enforcement of chapters 90, 597, 598, 598A, 598B, 598C and 599B
of NRS. The consumers advocate may not exercise any powers to enforce any
criminal statute set forth in chapters 90, 597, 598, 598A, 598B, 598C or 599B
of NRS for any transaction or activity that involves a proceeding before the
public utilities commission of Nevada if the consumers advocate is
participating in that proceeding as a real party in interest on behalf of the
customers or a class of customers of utilities.

2. The consumers
advocate may expend revenues derived from NRS 704.033 only for activities directly
related to the protection of customers of public utilities.

3. The
powers of the consumers advocate do not extend to [matters]proceedings before the public utilities commission of
Nevada directly relating to discretionary or competitive telecommunication
services.

Sec. 250. NRS 228.390 is
hereby amended to read as follows:

228.390 1. The consumers
advocate has sole discretion to represent or refrain from representing the
public interest and any class of [utility]
customers in any proceeding.

2. In exercising his discretion, the
consumers advocate shall consider the importance and extent of the public
interest or the customers interests involved and whether those interests would
be adequately represented without his participation.

3. If the consumers advocate determines
that there would be a conflict between the public interest and any particular
class of [utility] customers or any
inconsistent interests among the classes of [utility]
customers involved in a particular matter, he may choose to represent one of
the interests, to represent no interest, or to represent one interest through
his office and another or others through outside counsel engaged on a case
basis.

(q) Any other
office, commission, board, agency or entity created or placed within the
department pursuant to a specific statute, the budget approved by the
legislature or an executive order, or an entity whose budget or activities have
been placed within the control of the department by a specific statute.

Sec. 252. NRS 232.520 is
hereby amended to read as follows:

232.520 The director:

1. Shall appoint a chief or executive
director, or both of them, of each of the divisions, offices, commissions,
boards, agencies or other entities of the department, unless the authority to
appoint such a chief or executive director, or both of them, is expressly
vested in another person, board or commission by a specific statute. In making
the appointments, the director may obtain lists of qualified persons from
professional organizations, associations or other groups recognized by the
department, if any. The chief of the consumer affairs division is the commissioner
of consumer affairs, the chief of the division of financial institutions is the
commissioner of financial institutions, the chief of the housing division is
the administrator of the housing division, the chief of the manufactured
housing division is the administrator of the manufactured housing division, the
chief of the real estate division is the real estate administrator, the chief
of the division of unclaimed property is the administrator of unclaimed
property, the chief of the division of agriculture is the administrator of the
division of agriculture, the chief of the division of minerals is the
administrator of the division of minerals, the chief of the division of
insurance is the insurance commissioner, the chief of the division of industrial
relations is the administrator of the division of industrial relations, the
chief of the office of labor commissioner is the labor commissioner, the chief
of the taxicab authority is the taxicab administrator, the
chief of the transportation services authority is the chairman of the authority
and the chief of any other entity of the department has the title specified by
the director, unless a different title is specified by a specific statute.

2. Is responsible for the administration
of all provisions of law relating to the jurisdiction, duties and functions of
all divisions and other entities within the department. The director may, if he
deems it necessary to carry out his administrative responsibilities, be
considered as a member of the staff of any division or other entity of the
department for the purpose of budget administration or for carrying out any
duty or exercising any power necessary to fulfill the responsibilities of the
director pursuant to this subsection. Nothing contained in this subsection may
be construed as allowing the director to preempt any authority or jurisdiction
granted by statute to any division or other entity within the department or as
allowing the director to act or take on a function that would be in
contravention of a rule of court or a statute.

(a) Establish uniform policies for the
department, consistent with the policies and statutory responsibilities and
duties of the divisions and other entities within the department, relating to
matters concerning budgeting, accounting, planning, program development,
personnel, information services, dispute resolution, travel, workplace safety,
the acceptance of gifts or donations, the management of records and any other
subject for which a uniform departmental policy is necessary to ensure the
efficient operation of the department.

(b) Provide coordination among the divisions and
other entities within the department, in a manner which does not encroach upon
their statutory powers and duties, as they adopt and enforce regulations,
execute agreements, purchase goods, services or equipment, prepare legislative
requests and lease or utilize office space.

(c) Define the responsibilities of any person
designated to carry out the duties of the director relating to financing,
industrial development or business support services.

4. May, within the limits of the
financial resources made available to him, promote, participate in the
operation of, and create or cause to be created, any nonprofit corporation,
pursuant to chapter 82 of NRS, which he determines is necessary or convenient
for the exercise of the powers and duties of the department. The purposes,
powers and operation of the corporation must be consistent with the purposes,
powers and duties of the department.

5. For any bonds which he is otherwise
authorized to issue, may issue bonds the interest on which is not exempt from
federal income tax or excluded from gross revenue for the purposes of federal
income tax.

6. May, except as otherwise provided by
specific statute, adopt by regulation a schedule of fees and deposits to be
charged in connection with the programs administered by him pursuant to
chapters 348A and 349 of NRS. Except as so provided, the amount of any such fee
or deposit must not exceed 2 percent of the principal amount of the financing.

7. May designate any person within the
department to perform any of the duties or responsibilities, or exercise any of
the authority, of the director on his behalf.

8. May negotiate and execute agreements
with public or private entities which are necessary to the exercise of the
powers and duties of the director or the department.

9. May establish a trust account in the
state treasury for the purpose of depositing and accounting for money that is
held in escrow or is on deposit with the department for the payment of any
direct expenses incurred by the director in connection with any bond programs
administered by the director. The interest and income earned on money in the
trust account, less any amount deducted to pay for applicable charges, must be
credited to the trust account. Any balance remaining in the account at the end
of a fiscal year may be:

(a) Carried forward to the next fiscal year for
use in covering the expense for which it was originally received; or

(b) Returned to any person entitled thereto in
accordance with agreements or regulations of the director pertaining to such
bond programs.

233B.039 1. The following
agencies are entirely exempted from the requirements of this chapter:

(a) The governor.

(b) The department of prisons.

(c) The University and Community College System
of Nevada.

(d) The office of the military.

(e) The state gaming control board.

(f) The Nevada gaming commission.

(g) The state board of parole commissioners.

(h) The welfare division of the department of
human resources.

(i) The state board of examiners acting pursuant
to chapter 217 of NRS.

(j) Except as otherwise provided in NRS 533.365,
the office of the state engineer.

2. Except as otherwise provided in NRS
391.323, the department of education, the committee on benefits and the
commission on professional standards in education are subject to the provisions
of this chapter for the purpose of adopting regulations but not with respect to
any contested case.

3. The special provisions of:

(a) Chapter 612 of NRS for the distribution of
regulations by and the judicial review of decisions of the employment security
division of the department of employment, training and rehabilitation;

(b) Chapters 616A to 617, inclusive, of NRS for
the determination of contested claims;

(c) Chapter 703 of NRS for the judicial review
of decisions of the public [service]utilities commission of Nevada;

(d) Chapter 91 of NRS for the judicial review of
decisions of the administrator of the securities division of the office of the
secretary of state; and

(e) NRS 90.800 for the use of summary orders in
contested cases,

prevail over the general provisions of this chapter.

4. The provisions of NRS 233B.122,
233B.124, 233B.125 and 233B.126 do not apply to the department of human
resources in the adjudication of contested cases involving the issuance of
letters of approval for health facilities and agencies.

5. The provisions of this chapter do not
apply to:

(a) Any order for immediate action, including,
but not limited to, quarantine and the treatment or cleansing of infected or
infested animals, objects or premises, made under the authority of the state
board of agriculture, the state board of health, the state board of sheep
commissioners or any other agency of this state in the discharge of a
responsibility for the preservation of human or animal health or for insect or
pest control; or

(b) An extraordinary regulation of the state
board of pharmacy adopted pursuant to NRS 453.2184.

Sec. 254. NRS 233B.060 is
hereby amended to read as follows:

233B.060 1. Except as
otherwise provided in subsection 2 and in NRS 233B.061, before adopting, amending
or repealing any permanent or temporary regulation, the agency must give at
least 30 days notice of its intended action, unless a
shorter period of notice is specifically permitted by statute.

intended action, unless a shorter period of notice is
specifically permitted by statute.

2. Except as otherwise provided in
subsection 3, if an agency has adopted a temporary regulation after notice and
the opportunity for a hearing as provided in this chapter, it may adopt, after
providing a second notice and the opportunity for a hearing, a permanent
regulation, but the language of the permanent regulation must first be approved
or revised by the legislative counsel and the adopted regulation is subject to
review by the legislative commission.

3. If the public [service]utilities commission of Nevada has adopted a
temporary regulation after notice and the opportunity for a hearing as provided
in this chapter, it may adopt a substantively equivalent permanent regulation
without further notice or hearing, but the language of the permanent regulation
must first be approved or revised by the legislative counsel and the adopted
regulation is subject to review by the legislative commission.

Sec. 255. NRS 244.3655 is
hereby amended to read as follows:

244.3655 1. If the state
board of health determines that:

(a) A water system which is located in a county
and was constructed on or after July 1, 1991, is not satisfactorily serving the
needs of its users; and

(b) Water provided by a public utility or a
municipality or other public entity is reasonably available to those users,

the board of county commissioners of that county may require
all users of the system to connect into the available water system provided by
a public utility or a municipality or other public entity, and may assess each
lot or parcel served for its proportionate share of the costs associated with
connecting into that water system. If the water system is being connected into
a public utility, the public [service] utilities commission of Nevada shall determine the
amount of the assessments for the purposes of establishing a lien pursuant to
NRS 445A.905.

2. As used in this section, water
system has the meaning ascribed to it in NRS 445A.850.

Sec. 256. NRS 244.3663 is
hereby amended to read as follows:

244.3663 1. If the board of
county commissioners determines that:

(a) A package plant for sewage treatment which
is located in the county and is exempt from the provisions of NRS 445A.540 to
445A.560, inclusive, is not satisfactorily serving the needs of its users; and

(b) Sewerage provided by a public utility or a
municipality or other public entity is reasonably available to those users,

the board may require all users of the plant to connect into
the available sewers provided by a public utility or a municipality or other
public entity, and may assess each lot or parcel served for its proportionate
share of the cost of connecting into those sewers. These assessments are not
subject to the jurisdiction of the public [service]utilities commission of Nevada.

2. If the state department of
conservation and natural resources has found that a package plant for sewage
treatment which is exempt from the provisions of NRS 445A.540 to 445A.560,
inclusive, is violating any of the conditions of NRS 445A.465 to 445A.515,
inclusive, and has notified the holder of the permit that he must bring the
plant into compliance, but the holder of the permit has
failed to comply within a reasonable time after the date of the notice, the
board of county commissioners of the county in which the plant is located may
take the following actions independently of any further action by the state
department of conservation and natural resources:

holder of the permit has failed to comply within a
reasonable time after the date of the notice, the board of county commissioners
of the county in which the plant is located may take the following actions
independently of any further action by the state department of conservation and
natural resources:

(a) Give written notice, by certified mail, to
the owner of the plant and the owners of the property served by the plant that
if the violation is not corrected within 30 days after the date of the notice,
the board of county commissioners will seek a court order authorizing it to
assume control; and

(b) After the 30-day period has expired, if the
plant has not been brought into compliance, apply to the district court for an
order authorizing the board to assume control of the plant and assess the
property for the continued operation and maintenance of the plant as provided
in subsection 4.

3. If the board of county commissioners
determines at any time that immediate action is necessary to protect the public
health and welfare, it may assume physical control and operation of a package
plant for sewage treatment which is located in the county and is exempt from
the provisions of NRS 445A.540 to 445A.560, inclusive, without complying with
any of the requirements set forth in subsection 2. The board may not maintain
control of the plant pursuant to this subsection for a period greater than 30
days unless it obtains an order from the district court authorizing an
extension.

4. Each lot and parcel served by a
package plant for sewage treatment which is exempt from the provisions of NRS
445A.540 to 445A.560, inclusive, is subject to assessment by the board of
county commissioners of the county in which the plant is located for its
proportionate share of the cost of continued operation and maintenance of the plant
if there is a default or the county assumes control and operation of the plant
pursuant to subsection 2 or 3.

Sec. 257. NRS 244.3665 is
hereby amended to read as follows:

244.3665 The board of county
commissioners may prohibit any waste of water within the unincorporated areas
of the county by customers of a public water system. Any ordinance adopted
under this section may:

1. Classify the conditions under which
specified kinds and amounts of consumption or expenditure of water are
wasteful;

2. Provide for reasonable notice to water
users in any such area indicating which of such conditions, if any, exist in
that area;

3. Allow any person, group of persons,
partnership, corporation or other business or governmental entity which:

(a) Furnishes water to persons within such areas
of the county for business, manufacturing, agricultural or household use; and

(b) Is not a public utility regulated by the
public [service]utilities commission of Nevada,

to reduce or terminate water service to any customer who
wastes water, according to reasonable standards adopted by the board; and

4. Provide other appropriate penalties
for violation of the ordinance which are based upon the classification adopted
under subsection 1.

244A.711 1. Except as
otherwise provided in NRS 244A.703, after holding the required public hearing,
the board shall proceed no further unless or until it:

(a) Except as otherwise provided in subsection
2, determines by resolution the total amount of money necessary to be provided
by the county for the acquisition, improvement and equipment of the project;

(b) Receives a 5-year operating history from the
contemplated lessee, purchaser or other obligor, or from a parent or other
enterprise which guarantees principal and interest payments on any bonds
issued;

(c) Receives evidence that the contemplated
lessee, purchaser, other obligor or other enterprise which guarantees principal
and interest payments, has received within the 12 months preceding the date of
the public hearing, or then has in effect, a rating within one of the top four rating
categories of either Moodys Investors Service, Inc., or Standard and Poors Rating
Services, except that a municipal or other public supplier of electricity in
this state, a public utility regulated by the public [service]utilities commission of Nevada, the obligor with
respect to a project described in NRS 244A.6975, the owner of a historic
structure, a health and care facility or a supplemental facility for a health
and care facility is not required to furnish that evidence;

(d) Determines by resolution that the
contemplated lessee, purchaser or other obligor has sufficient financial
resources to place the project in operation and to continue its operation,
meeting the obligations of the lease, purchase contract or financing agreement;
and

(e) If the project is for the generation and
transmission of electricity, determines by resolution that the project will
serve one or more of the purposes set forth in NRS 244A.695 and specifies in
the resolution its findings supporting that determination.

2. If the project is for the generation
and transmission of electricity, the board may estimate the total amount of
money necessary for its completion, and the total amount of money which may be
provided by the county in connection with the project may exceed the estimate,
without the requirement for any further public hearings to be held in
connection therewith, to the extent that the excess is required to complete the
project or to finance any improvements to or replacements in the project and
the county has previously determined to finance the remaining costs of
acquiring, improving and equipping the project.

3. The board may refuse to adopt such a
resolution with respect to any project even if all the criteria of subsection 1
are satisfied. If the board desires to adopt such a resolution with respect to
any project where any criterion of subsection 1 is not satisfied, it may do so
only with the approval of the state board of finance. In requesting this
approval, the board of county commissioners shall transmit to the state board
of finance all evidence received pursuant to subsection 1.

4. If any part of the project or
improvements is to be constructed by a lessee or his designee, a purchaser or
his designee or an obligor or his designee, the board shall provide, or
determine that there are provided, sufficient safeguards
to ensure that all money provided by the county will be expended solely for the
purposes of the project.

sufficient safeguards to ensure that all money provided by
the county will be expended solely for the purposes of the project.

Sec. 259. NRS 244A.743 is
hereby amended to read as follows:

244A.743 1. A county shall
not commence the construction of a project for the generation and transmission
of electricity to be financed pursuant to NRS 244A.669 to 244A.763, inclusive,
until the legislature approves the project in general terms and fixes the limit
of the capacity of its generating facilities. After a project is originally so
approved, no further legislative approval is required except the addition of
generating facilities. For the purposes of this subsection, construction is
commenced when excavation is begun for the foundations of a unit for the
generation of electricity.

2. Approval by the legislature does not
preempt the authority of any state regulatory agency, including , without limitation ,
the public [service]utilities commission of Nevada, the state environmental
commission and the state department of conservation and natural resources. The
county shall determine, with the concurrence of the management committee, the
capacity of the project to generate electricity, within the limit fixed by the
legislature. This determination must be made before the county applies to the
public [service]utilities commission for a permit to construct any
generating unit.

Sec. 260. NRS 244A.763 is
hereby amended to read as follows:

244A.763 1. NRS 244A.669 to
244A.763, inclusive, without reference to other statutes of [the]this
state, constitute full authority for the exercise of powers granted in those
sections, including , but not limited to , the authorization and issuance of bonds.

2. No other act or law with regard to the
authorization or issuance of bonds that provides for an election, requires an
approval, or in any way impedes or restricts the carrying out of the acts
authorized in NRS 244A.669 to 244A.763, inclusive, to be done, applies to any
proceedings taken or acts done pursuant to those sections, except for laws to
which reference is expressly made in those sections or by necessary implication
of those sections.

3. The provisions of no other law, either
general or local, except as provided in NRS 244A.669 to 244A.763, inclusive,
apply to the doing of the things authorized in those sections to be done, and
no board, agency, bureau, commission or official not designated in those
sections has any authority or jurisdiction over the doing of any of the acts
authorized in those sections to be done, except:

(a) As otherwise provided in those sections.

(b) That a project for the generation and
transmission of electricity is subject to review and approval by the state
regulatory agencies which have jurisdiction of the matters involved, including , without limitation ,
the public [service]utilities commission of Nevada, the state environmental
commission and the state department of conservation and natural resources.

4. No notice, consent or approval by any
public body or officer thereof may be required as a prerequisite to the sale or
issuance of any bonds, the making of any contract or lease, or the exercise of
any other power under NRS 244A.669 to 244A.763,
inclusive, except as provided in those sections.

NRS 244A.669 to 244A.763, inclusive, except as provided in
those sections.

5. A project is not subject to any
requirements relating to public buildings, structures, ground works or
improvements imposed by the statutes of this state or any other similar
requirements which may be lawfully waived by this section, and any requirement
of competitive bidding or other restriction imposed on the procedure for award
of contracts for such purpose or the lease, sale or other disposition of
property of the counties is not applicable to any action taken pursuant to NRS
244A.669 to 244A.763, inclusive, except that the provisions of NRS 338.010 to
338.090, inclusive, apply to any contract for new construction, repair or
reconstruction for which tentative approval for financing is granted on or
after January 1, 1992, by the county for work to be done in a project.

6. Any bank or trust company located
within or without this state may be appointed and act as a trustee with respect
to bonds issued and projects financed pursuant to NRS 244A.669 to 244A.763,
inclusive, without the necessity of associating with any other person or entity
as cofiduciary except that such association is not prohibited.

7. The powers conferred by NRS 244A.669
to 244A.763, inclusive, are in addition and supplemental to, and not in
substitution for, and the limitations imposed by those sections do not affect
the powers conferred by any other law.

8. No part of NRS 244A.669 to 244A.763,
inclusive, repeals or affects any other law or part thereof, except to the
extent that those sections are inconsistent with any other law, it being
intended that those sections provide a separate method of accomplishing its
objectives, and not an exclusive one.

Sec. 261. NRS 268.097 is
hereby amended to read as follows:

268.097 1. Except as
otherwise provided in subsections 2 and 3, notwithstanding the provisions of
any local, special or general law, after July 1, 1963, the governing body of
any incorporated city in this state, whether incorporated by general or special
act, or otherwise, may not supervise or regulate any taxicab motor carrier as
defined in NRS 706.126 which is under the supervision and regulation of the [public service commission of Nevada]transportation services authority pursuant to law.

2. The governing body of any incorporated
city in this state, whether incorporated by general or special act, or
otherwise, may fix, impose and collect a license tax on and from a taxicab
motor carrier for revenue purposes only.

3. The governing body of any incorporated
city in any county in which the provisions of NRS 706.8811 to 706.885,
inclusive, do not apply, whether incorporated by general or special act, or
otherwise, may regulate by ordinance the qualifications required of employees
or lessees of a taxicab motor carrier in a manner consistent with the
regulations adopted by the [public service commission
of Nevada.]transportation services
authority.

Sec. 262. NRS 268.4102 is
hereby amended to read as follows:

268.4102 1. If the state
board of health determines that:

(a) A water system which is located within the
boundaries of a city and was constructed on or after July 1, 1991, is not
satisfactorily serving the needs of its users; and

(b) Water provided by a public utility or a
municipality or other public entity is reasonably available to those users,

the governing body of that city may require all users of the
system to connect into the available water system provided by a public utility
or a municipality or other public entity, and may assess each lot or parcel
served for its share of the costs associated with connecting into that water
system. If the water system is being connected into a public utility, the
public [service]utilities commission of Nevada shall determine the
amount of the assessments for the purposes of establishing a lien pursuant to
NRS 445A.900.

2. As used in this section, water
system has the meaning ascribed to it in NRS 445A.850.

Sec. 263. NRS 268.4105 is
hereby amended to read as follows:

268.4105 1. If the governing
body of the city determines that:

(a) A package plant for sewage treatment which
is located within the city limits and is exempt from the provisions of NRS
445A.540 to 445A.560, inclusive, is not satisfactorily serving the needs of its
users; and

(b) Sewerage provided by a public utility, the
city or another municipality or other public entity is reasonably available to
those users,

the governing body may require all users of the plant to
connect into the available sewers provided by a public utility, the city or
another municipality or other public entity, and may assess each lot or parcel
served for its proportionate share of the cost of connecting into those sewers.
These assessments are not subject to the jurisdiction of the public [service]utilities
commission of Nevada.

2. If the state department of
conservation and natural resources has found that a package plant for sewage
treatment which is exempt from the provisions of NRS 445A.540 to 445A.560, inclusive,
is violating any of the conditions of NRS 445A.465 to 445A.515, inclusive, and
has notified the holder of the permit that he must bring the plant into
compliance, but the holder of the permit has failed to comply within a
reasonable time after the date of the notice, the governing body of the city in
which the plant is located may take the following actions independently of any
further action by the state department of conservation and natural resources:

(a) Give written notice, by certified mail, to
the owner of the plant and the owners of the property served by the plant that
if the violation is not corrected within 30 days after the date of the notice,
the governing body of the city will seek a court order authorizing it to assume
control; and

(b) After the 30-day period has expired, if the
plant has not been brought into compliance, apply to the district court for an
order authorizing the governing body to assume control of the plant and assess
the property for the continued operation and maintenance of the plant as
provided in subsection 4.

3. If the governing body of the city
determines at any time that immediate action is necessary to protect the public
health and welfare, it may assume physical control and operation of a package
plant for sewage treatment which is located within the city limits and is
exempt from the provisions of NRS 445A.540 to 445A.560, inclusive, without
complying with any of the requirements set forth in subsection 2. The governing
body may not maintain control of the plant pursuant to
this subsection for a period greater than 30 days unless it obtains an order
from the district court authorizing an extension.

may not maintain control of the plant pursuant to this
subsection for a period greater than 30 days unless it obtains an order from
the district court authorizing an extension.

4. Each lot and parcel served by a
package plant for sewage treatment which is exempt from the provisions of NRS
445A.540 to 445A.560, inclusive, is subject to assessment by the governing body
of the city in which the plant is located for its proportionate share of the
cost of continued operation and maintenance of the plant if there is a default
or the city assumes control and operation of the plant pursuant to subsection 2
or 3.

Sec. 264. NRS 268.411 is
hereby amended to read as follows:

268.411 The governing body of an
incorporated city may prohibit by ordinance any waste of water within its
jurisdiction. Any ordinance adopted under this section may:

1. Classify the conditions under which
specified kinds and amounts of consumption or expenditure of water are
wasteful;

2. Provide for reasonable notice of which
of such conditions, if any, exist in the city;

3. Allow any person, group of persons,
partnership, corporation or other business or governmental entity which:

(a) Furnishes water to persons within the city
for business, manufacturing, agricultural or household use; and

(b) Is not a public utility regulated by the
public [service]utilities commission of Nevada,

to reduce or terminate water service to any customer or user
who wastes water, according to reasonable standards adopted by the board; and

4. Provide other appropriate penalties
for violation of the ordinance which are based upon the classification adopted
under subsection 1.

Sec. 265. NRS 268.530 is
hereby amended to read as follows:

268.530 1. After holding a
public hearing as provided in NRS 268.528, the governing body shall proceed no
further until it:

(a) Determines by resolution the total amount of
money necessary to be provided by the city for the acquisition, improvement and
equipment of the project;

(b) Receives a 5-year operating history from the
contemplated lessee, purchaser or other obligor, or from a parent or other
enterprise which guarantees principal and interest payments on any bonds
issued;

(c) Receives evidence that the contemplated
lessee, purchaser, other obligor or other enterprise which guarantees principal
and interest payments, has received within the 12 months preceding the date of
the public hearing a rating within one of the top four rating categories of
either Moodys Investor Service, Inc., or Standard and Poors Rating Services,
except that a public utility regulated by the public [service]utilities commission of Nevada, the obligor with
respect to a project described in NRS 268.5385, a health and care facility or a
supplemental facility for a health and care facility is not required to furnish
that evidence;

(d) Determines by resolution that the
contemplated lessee, purchaser or other obligor has sufficient financial
resources to place the project in operation and to continue its operation,
meeting the obligations of the lease, purchase contract or financing agreement;
and

(2) Would be compatible with existing
facilities in the area adjacent to the location of the project;

(3) Will encourage the creation of jobs
for the residents of this state;

(4) Is compatible with the general plan
of the city adopted pursuant to chapter 278 of NRS; and

(5) If not exempt from the provisions of
subsection 2 of NRS 268.527, will not compete substantially with an enterprise
or organization already established in the city or the county within which the
city is located.

2. The governing body may refuse to
proceed with any project even if all the criteria of subsection 1 are
satisfied. If the governing body desires to proceed with any project where any
criterion of subsection 1 is not satisfied, it may do so only with the approval
of the state board of finance. In requesting the approval, the governing body
shall transmit to the state board of finance all evidence received pursuant to
subsection 1.

3. If any part of the project or improvements
is to be constructed by a lessee or his designee, a purchaser or his designee
or an obligor or his designee, the governing body shall provide, or determine
that there are provided, sufficient safeguards to ensure that all money
provided by the city will be expended solely for the purposes of the project.

Sec. 266. NRS 278.026 is
hereby amended to read as follows:

278.026 As used in NRS 278.026 to
278.029, inclusive, unless the context otherwise requires:

1. Affected entity means a public utility,
franchise holder, local or regional agency, or any other entity having
responsibility for planning or providing public facilities relating to
transportation, solid waste, energy generation and transmission, conventions
and the promotion of tourism, air quality or public education. The term does
not include:

(a) A state agency; or

(b) A public utility which is subject to
regulation by the public [service]utilities commission of Nevada.

2. Facilities plan means a plan for the
development of public facilities which will have a regional impact or which
will aid in accomplishing regional goals relating to transportation, solid
waste, energy generation and transmission, conventions and the promotion of
tourism, air quality or public education. The term does not include a plan for
the development of a specific site or regulations adopted by an affected entity
to implement the comprehensive regional plan.

4. Joint planning area means an area
that is the subject of common study and planning by the governing body of a
county and one or more cities.

5. Project of regional significance,
with respect to a project proposed by any person other than a public utility,
means a project which:

(a) Has been identified in the guidelines of the
regional planning commission as a project which will result in the loss or
significant degradation of a designated historic,
archeological, cultural or scenic resource;

degradation of a designated historic, archeological,
cultural or scenic resource;

(b) Has been identified in the guidelines of the
regional planning commission as a project which will result in the creation of
significant new geothermal or mining operations;

(c) Has been identified in the guidelines of the
regional planning commission as a project which will have a significant effect
on the natural resources, public services, public facilities or the adopted
regional form of the region; or

(d) Will require a change in zoning, a special
use permit, an amendment to a master plan, a tentative map or other approval for
the use of land which, if approved, will have an effect on the region of
increasing:

(1) Employment by not less than 938
employees;

(2) Housing by not less than 625 units;

(3) Hotel accommodations by not less than
625 rooms;

(4) Sewage by not less than 187,500
gallons per day;

(5) Water usage by not less than 625 acre
feet per year; or

(6) Traffic by not less than an average
of 6,250 trips daily.

The term does not include any project for which a request
for an amendment to a master plan, a change in zoning, a tentative map or a
special use permit has been approved by the local planning commission before
June 17, 1989.

6. Project of regional significance,
with respect to a project proposed by a [public]
utility, includes:

7. Sphere of influence means an area
into which a city plans to expand as designated in the comprehensive regional
plan within the time designated in the comprehensive regional plan.

Sec. 267. NRS 278.0274 is
hereby amended to read as follows:

278.0274 The comprehensive regional plan
must include goals, policies, maps and other documents relating to:

1. Population, including a projection of
population growth in the region and the resources that will be necessary to
support that population.

2. Conservation, including policies
relating to the use and protection of air, land, water, and other natural
resources, ambient air quality, natural recharge areas, floodplains and
wetlands, and a map showing the areas that are best suited for development
based on those policies.

3. Land use and transportation, including
the classification of future land uses by density or intensity of development
based upon the projected necessity and availability of public facilities and
services and natural resources, and the compatibility of development in one
area with that of other areas in the region. This portion of the plan must
allow for a variety of uses, describe the transportation facilities that will
be necessary to satisfy the requirements created by those future uses and must
be based upon the policies and map relating to
conservation that are developed pursuant to subsection 2, surveys, studies and
data relating to the area, the amount of land required to accommodate planned
growth, the population of the area projected pursuant to subsection 1, and the
characteristics of undeveloped land in the area.

policies and map relating to conservation that are developed
pursuant to subsection 2, surveys, studies and data relating to the area, the
amount of land required to accommodate planned growth, the population of the
area projected pursuant to subsection 1, and the characteristics of undeveloped
land in the area.

4. Public facilities and services,
including provisions relating to sanitary sewer facilities, solid waste, flood
control, potable water and ground-water aquifer recharge which are correlated
with principles and guidelines for future land uses, and which specify ways to
satisfy the requirements created by those future uses. This portion of the plan
must describe the problems and needs of the area relating to public facilities
and services and the general facilities that will be required for their
solution and satisfaction, identify the providers of public services within the
region and the area within which each must serve, including service territories
set by the public [service]utilities commission of Nevada for public utilities,
and must establish the time within which those public facilities and services
necessary to support the development relating to land use and transportation
must be made available to satisfy the requirements created by that development.

5. Annexation, including the
identification of spheres of influence for each unit of local government,
improvement district or other service district and specifying standards and
policies for changing the boundaries of a sphere of influence and procedures
for the review of development within each sphere of influence. As used in this
subsection, sphere of influence means an area into which a political
subdivision may expand in the foreseeable future.

6. Intergovernmental coordination, including
the establishment of guidelines for determining whether local master plans and
facilities plans conform with the comprehensive regional plan.

7. Any utility project required to be
reported pursuant to NRS 278.145.

Sec. 268. NRS 278.0282 is
hereby amended to read as follows:

278.0282 1. Before the
adoption or amendment of any master plan, facilities plan or other similar
plan, each governing body and any other affected entity shall submit the
proposed plan or amendment to the regional planning commission, which shall
review the plan or amendment at one or more public hearings held within 60 days
after its receipt of that plan or amendment and determine whether the proposed
plan or amendment conforms with the comprehensive regional plan. The commission
shall specify those parts of the plan or amendment, if any, that are not in
conformance and why they fail to conform.

2. Before the adoption or amendment of
any master plan, facilities plan or other similar plan by a state agency or a
public utility whose plan must be approved by the public [service]utilities
commission of Nevada, the agency or utility shall submit the proposed plan or
amendment to the regional planning commission, which shall, within 60 days
after its receipt, review the plan or amendment and offer suggestions to the
agency or utility regarding the conformance of the plan with the comprehensive
regional plan.

3. Except as otherwise provided in NRS
278.028, a local governing body or any other affected entity shall not adopt a
master plan, facilities plan or other similar plan, or
any amendment to any of those plans, unless the regional planning commission
has determined that the plan or amendment is in conformance with the
comprehensive regional plan.

plan or other similar plan, or any amendment to any of those
plans, unless the regional planning commission has determined that the plan or
amendment is in conformance with the comprehensive regional plan. A proposed
plan is in conformance with the comprehensive regional plan if it is not in
conflict with the comprehensive regional plan and it promotes the goals and
policies of the comprehensive regional plan.

4. If the regional planning commission
fails to make a determination within 60 days after its receipt from an affected
entity or local governing body of a proposed plan or amendment pursuant to this
section, the plan or amendment shall be deemed to be in conformance with the
comprehensive regional plan.

5. An affected entity or a local
governing body which has submitted a proposed plan and which disagrees with the
reasons given by the regional planning commission for making a determination of
nonconformance pursuant to this section, may file an objection with the
regional planning commission within 45 days after the issuance of that
determination. The affected entity or local governing body shall attach its
reasons why the plan is in conformance with the comprehensive regional plan.
The regional planning commission shall consider the objection and issue its
final determination of conformance or nonconformance within 45 days after the
objection is filed. The determination may be appealed to the governing board
not later than 30 days after its issuance.

6. Within 45 days after its receipt of an
appeal, the governing board shall consider the appeal and issue its decision,
which must be made by the affirmative votes of a simple majority of its total
membership. If the board affirms the determination of the commission, the
affected entity or local governing body shall, within 60 days after the
issuance of the decision, propose revisions to the plan and resubmit the plan
together with those proposed revisions to the commission for review in
accordance with the provisions of this section.

7. Any determination of conformance made
by the commission pursuant to this section must be made by the affirmative
votes of not less than two-thirds of its total membership.

Sec. 269. NRS 278.335 is
hereby amended to read as follows:

278.335 1. A copy of the
tentative map must be forwarded by the planning commission or its designated
representative, or, if there is no planning commission, the clerk or other
designated representative of the governing body, to the division of water
resources and the division of environmental protection of the state department
of conservation and natural resources, and the health division of the
department of human resources or the district board of health acting for the
health division pursuant to subsection 2, for review.

2. In a county whose population is
100,000 or more, if the county and one or more incorporated cities in the
county have established a district board of health, the authority of the health
division to review and certify proposed subdivisions and conduct construction
or installation inspections must be exercised by the district board of health.

3. A district board of health which
conducts reviews and inspections under this section shall consider all the
requirements of the law concerning sewage disposal, water
pollution, water quality and water supply facilities.

sewage disposal, water pollution, water quality and water
supply facilities. At least four times annually, the district board of health
shall notify the health division of the department of human resources which
subdivisions met these requirements of law and have been certified by the
district board of health.

4. The state is not chargeable with any
expense incurred by a district board of health acting pursuant to this section.

5. Each reviewing agency shall, within 15
days [from]after
the receipt of the tentative map, file its written comments with the planning
commission or the governing body recommending approval, conditional approval or
disapproval and stating the reasons therefor.

6. The planning commission or its
designated representative, or, if there is no planning commission, the clerk or
other designated representative of the governing body shall, for informational
purposes only, immediately forward a copy of the tentative map to the public [service]utilities
commission of Nevada for any subdivision which will provide water or services
for the disposal of sewage and is subject to the provisions of NRS 704.679. The
public [service]utilities commission of Nevada shall acknowledge
receipt of the tentative map within 15 days after it is received.

Sec. 270. NRS 281.100 is
hereby amended to read as follows:

281.100 1. Except as
otherwise provided in this section and NRS 284.180, the services and employment
of all persons who are employed by the State of Nevada, or by any county, city,
town, township or other political subdivision thereof, are limited to not more
than 8 hours in any 1 calendar day and not more than 40 hours in any 1 week.

2. The period of daily employment
mentioned in this section commences from the time the employee takes charge of
any equipment of the employer or acts as an assistant or helper to a person who
is in charge of any equipment of the employer, or enters upon or into any
conveyance of or operated by or for the employer at any camp or living quarters
provided by the employer for the transportation of employees to the place of
work.

3. This section does not apply to:

(a) Officials of the State of Nevada or of any
county, city, town, township or other political subdivision thereof, or
employees of the state whose employment is governed by NRS 284.148.

(b) Employees of the State of Nevada or of any
county, city, town, township or other political subdivision thereof who:

(1) Are engaged as employees of a fire
department, or to nurses in training or working in hospitals, or to police,
deputy sheriffs or jailers;

(2) Chose and are approved for a variable
workday or variable 80-hour work schedules within a biweekly pay period;

(3) Work more than 8 hours but not more
than 10 hours in any 1 workday or 40 hours in any 1 work week;

(4) Are executive, administrative,
professional or supervisory employees; or

(5) Are covered by a collective
bargaining agreement which establishes hours of service.

(d) Work done directly by any public utility
company pursuant to an order of the public [service]utilities commission of Nevada or other public
authority.

4. Any employee whose hours are limited
by subsection 1 may be permitted, or in case of emergency where life or
property is in imminent danger may be required, at the discretion of the officer
responsible for his employment, but subject to any agreement made pursuant to
NRS 284.181, to work more than the number of hours limited. If so permitted or
required, he is entitled to receive, at the discretion of the responsible
officer:

(a) Compensatory vacation time; or

(b) Overtime pay.

5. Any officer or agent of the State of
Nevada, or of any county, city, town, township, or other political subdivision
thereof, whose duty it is to employ, direct or control the services of an
employee covered by this section, who violates any of the provisions of this
section as to the hours of employment of labor as provided in this section, is
guilty of a misdemeanor.

Sec. 271. NRS 281.236 is
hereby amended to read as follows:

281.236 1. A public utility or
parent organization or subsidiary of a public utility shall not employ a former
member of the public [service]utilities commission of Nevada for 1 year after the
termination of his service on the commission.

2. A person who holds a license issued
pursuant to chapter 463 or 464 of NRS or who is required to register with the
Nevada gaming commission pursuant to chapter 463 of NRS shall not employ a
former member of the state gaming control board or the Nevada gaming commission
for 1 year after the termination of the members service on the board or
commission.

3. In addition to the prohibitions set
forth in subsections 1 and 2, a business or industry whose activities are
governed by regulations adopted by a department, division or other agency of
the executive branch of government shall not, except as otherwise provided in
subsection 4, employ a former public officer or employee of the agency, except
a clerical employee, for 1 year after the termination of his service or period
of employment if:

(a) His principal duties included the
formulation of policy contained in the regulations governing the business or
industry;

(b) During the immediately preceding year he
directly performed activities, or controlled or influenced an audit, decision,
investigation or other action, which significantly affected the business or
industry which might, but for this section, employ him; or

(c) As a result of his governmental service or
employment, he possesses knowledge of the trade secrets of a direct business
competitor.

4. A public officer or employee may
request the commission on ethics to apply the relevant facts in his case to the
provisions of subsection 3 and determine whether relief from the strict
application of the provisions is proper. If the commission on ethics determines
that relief from the strict application of the provisions of subsection 3 is
not contrary to:

(a) The best interests of the public;

(b) The continued integrity of state government;
and

(c) The code of ethical standards prescribed in
NRS 281.481, it may issue an order to that effect and
grant such relief.

it may issue an order to that effect and grant such relief.
The decision of the commission on ethics in such a case is subject to judicial
review.

5. As used in this section, regulation
has the meaning ascribed to it in NRS 233B.038.

Sec. 272. NRS 289.320 is
hereby amended to read as follows:

289.320 An employee of the [public service commission of Nevada]transportation services authority whom it designates as
an inspector or as manager of transportation is a peace officer and has police
power for the enforcement of the provisions of:

1. Chapters [704,
705 and] 706 and 712 of NRS and all
regulations of the [commission]transportation services authority or the department of
motor vehicles and public safety pertaining thereto; and

2. Chapter 482 of NRS and NRS 483.230,
483.350 and 483.530 to 483.620, inclusive, for the purposes of carrying out the
provisions of chapter 706 of NRS.

Sec. 273. NRS 309.415 is
hereby amended to read as follows:

309.415 1. In exercising
powers primarily relating to the fulfillment of water purposes or sewer purposes,
or both, districts heretofore or hereafter organized under this chapter shall
not be subject to regulation or supervision in any way by the public [service]utilities
commission of Nevada.

2. Nothing contained in subsection 1
shall be construed to limit:

(a) The power of the board of county
commissioners or a member thereof granted by the provisions of NRS 309.270; or

(b) The supremacy of the state board of health
in health matters as declared in NRS 439.150.

Sec. 274. NRS 338.135 is
hereby amended to read as follows:

338.135 [Where]
a truck or truck and trailer combination is rented or leased after April 22,
1969, by a contractor or subcontractor on a public work, the hourly rate for
the rental or lease of such truck or truck and trailer combination [shall,]must,
when added to the prevailing rate of wages required by NRS 338.020 for the
driver, not be less than the hourly rate for similar vehicles with a driver as
such hourly rate appears in freight tariffs approved by the [public service commission of Nevada]transportation services authority for the area in which
the public work is located.

Sec. 275. NRS 354.59881 is
hereby amended to read as follows:

354.59881 As used in NRS 354.59881 to
354.59889, inclusive, unless the context otherwise requires:

1. Customer does not include any
customer of a provider of a telecommunication service other than a retail
customer.

2. Fee means a charge imposed upon a
public utility for a business license, a franchise or a right of way over
streets or other public areas, except any paid pursuant to the provisions of
NRS 709.110, 709.230 or 709.270.

(a) Electric energy or gas, whether or not the
person or local government is subject to regulation by the public [service]utilities
commission of Nevada;

(b) A telecommunication service, if the person
or local government holds a certificate of public convenience and necessity
issued by the public [service]utilities commission of Nevada and derives intrastate
revenue from the provision of that service to retail customers; or

(c) A commercial mobile radio service as that
term is defined in 47 C.F.R. § 20.3 on July 5, 1995.

5. Revenue does not include:

(a) Any proceeds from the interstate sale of
natural gas to a provider of electric energy which holds a certificate of
public convenience and necessity issued by the public [service]utilities commission of Nevada.

(b) Any revenue of a provider of a
telecommunication service other than intrastate revenue.

Sec. 276. NRS 354.59883 is
hereby amended to read as follows:

354.59883 A city or county shall not
adopt an ordinance imposing or increasing a fee:

1. If that ordinance would alter the
terms of any existing franchise agreement between the city or county and a
public utility.

2. That applies to any public utility
which does not derive revenue from customers located within the jurisdiction of
the city or county.

3. If, after the adoption of the
ordinance:

(a) Any part of a fee to which the ordinance
applies will be based upon any revenue of a public utility other than its
revenue from customers located within the jurisdiction of the city or county.

(b) The total cumulative amount
of all fees the city or county imposes upon a public utility to which the
ordinance applies will exceed:

(1) Except as otherwise provided in
subparagraph (2), 5 percent of the utilitys gross revenue from customers
located within the jurisdiction of the city or county.

(2) For a public utility that provides a
commercial mobile radio service, 5 percent of its gross revenue from the first
$15 charged monthly for each line of access for each of its customers located
within the jurisdiction of the city or county. For the purposes of this
subparagraph, commercial mobile radio service has the meaning ascribed to it
in Part 20 of Title 47 of the Code of Federal Regulations.

Sec. 277. NRS 354.59889 is
hereby amended to read as follows:

354.59889 [Except
as otherwise provided by agreement with all the affected public utilities:]

1. A city or county shall not change any
of its fees except through the adoption of an ordinance which provides that the
change does not become effective until at least 60 days after the effective
date of the ordinance.

2. The cumulative amount of any increases
in fees imposed by a city or county during any period of 24 months must not
exceed 1 percent of the gross revenue of any public utility to which the
increase applies from customers located within the jurisdiction of that city or
county.

361.320 1. At the regular
session of the Nevada tax commission commencing on the [1st]first Monday in October of each year, the Nevada
tax commission shall establish the valuation for assessment purposes of any
property of an interstate and intercounty nature, which must in any event
include the property of all interstate or intercounty railroad, sleeping car,
private car, street railway, traction, telegraph, water, telephone, air
transport, electric light and power companies, together with their franchises,
and the property and franchises of all railway express companies operating on
any common or contract carrier in this state. This valuation must not include
the value of vehicles as defined in NRS 371.020.

2. Except as otherwise provided in
subsection 3 and NRS 361.323, the commission shall establish and fix the
valuation of the franchise, if any, and all physical property used directly in
the operation of any such business of any such company in this state, as a
collective unit. If the company is operating in more than one county, on
establishing the unit valuation for the collective property, the commission
shall then determine the total aggregate mileage operated within the state and
within its several counties, and apportion the mileage upon a mile-unit
valuation basis. The number of miles apportioned to any county are subject to
assessment in that county according to the mile-unit valuation established by
the commission.

3. After establishing the valuation, as a
collective unit, of a public utility which generates, transmits or distributes
electricity, the commission shall segregate the value of any project in this
state for the generation of electricity which is not yet put to use. This value
must be assessed in the county where the project is located and must be taxed
at the same rate as other property.

4. The Nevada tax commission shall adopt
formulas, and cause them to be incorporated in its records, providing the
method or methods pursued in fixing and establishing the taxable value of all
franchises and property assessed by it. The formulas must be adopted and may be
changed from time to time upon its own motion or when made necessary by
judicial decisions, but the formulas must in any event show all the elements of
value considered by the commission in arriving at and fixing the value for any
class of property assessed by it. These formulas must take into account, as
indicators of value, the companys income, stock and debt, and the cost of its
assets.

5. If two or more
persons perform separate functions that collectively are needed to deliver
electric service to the final customer and the property used in performing the
functions would be centrally assessed if owned by one person, the Nevada tax
commission shall establish its valuation and apportion the valuation among the
several counties in the same manner as the valuation of other centrally
assessed property. The Nevada tax commission shall determine the proportion of
the tax levied upon the property by each county according to the valuation of
the contribution of each person to the aggregate valuation of the property.This subsection does not apply to qualified facilities,
as defined in 18 C.F.R. § 292.101, which were constructed before July 1, 1997.

6. As used
in this section ,[the
word] company means any person, company, corporation or
association engaged in the business described.

[6.]7. All other property must be assessed by
the county assessors, except as otherwise provided
in NRS 361.321 and 362.100 and except that the valuation of land and mobile
homes must be established for assessment purposes by the Nevada tax commission
as provided in NRS 361.325.

[7.] 8. On or before November 1 of each year , the department shall forward a tax statement to each
private car line company based on the valuation established pursuant to this
section and in accordance with the tax levies of the several districts in each
county. The company shall remit the ad valorem taxes due on or before December
15 to the department which shall allocate the taxes due each county on a
mile-unit basis and remit the taxes to the counties no later than January 31.
The portion of the taxes which is due the state must be transmitted directly to
the state treasurer. A company which fails to pay the tax within the time
required shall pay a penalty of 10 percent of the tax due or $5,000, whichever
is greater, in addition to the tax. Any amount paid as a penalty must be
deposited in the state general fund. The department may, for good cause shown,
waive the payment of a penalty pursuant to this subsection. As an alternative
to any other method of recovering delinquent taxes provided by this chapter,
the attorney general may bring a civil action in a court of competent
jurisdiction to recover delinquent taxes due [under]pursuant to this subsection in the manner
provided in NRS 361.560.

Sec. 279. NRS 361B.170 is
hereby amended to read as follows:

361B.170 1. Except as otherwiseprovided in subsections 2 and 3, the governing body,
on the behalf and in the name of the municipality, may at any time designate a
tax increment area comprising any specially benefited zone within the
municipality designated and approved pursuant to chapter 274 of NRS, to create
a special account for the payment of bonds or other securities issued to defray
the cost of the acquisition, improvement or equipment, or any combination
thereof, of a project or projects authorized in the County Bond Law or the City
Bond Law, including, without limitation, the condemnation of property for any
such undertaking, as supplemented by the Local Government Securities Law,
except as otherwise provided in this chapter.

2. The right of way property of a
railroad company which is under the jurisdiction of the Surface Transportation
Board must not be included in a tax increment area unless the inclusion of the
property is mutually agreed upon by the governing body and the railroad
company.

3. The taxable property of a tax
increment area must not be included in any subsequently created tax increment
area until at least 50 years after the effective date of creation of the first
tax increment area in which the property was included.

Sec. 280. NRS 362.120 is
hereby amended to read as follows:

362.120 1. The department
shall, from the statement and from all obtainable data, evidence and reports,
compute in dollars and cents the gross yield and net proceeds of the period
covered by the statement.

2. The gross yield must include the value
of any mineral extracted which was:

(3) All facilities and equipment for
transportation except those that are under the jurisdiction of the public [service]utilities
commission of Nevada [as public utilities.]or the transportation services authority.

(f) The actual cost of fire insurance on the
machinery, equipment, apparatus, works, plants and facilities mentioned in
paragraph (e).

(g) Depreciation of the original capitalized
cost of the machinery, equipment, apparatus, works, plants and facilities
mentioned in paragraph (e). The annual depreciation charge consists of
amortization of the original cost in a manner prescribed by regulation of the
Nevada tax commission. The probable life of the property represented by the
original cost must be considered in computing the depreciation charge.

(h) All money expended for premiums for
industrial insurance, and the actual cost of hospital and medical attention and
accident benefits and group insurance for all employees.

(i) All money paid as contributions or payments
under the unemployment compensation law of the State of Nevada, as contained in
chapter 612 of NRS, all money paid as contributions under the Social Security
Act of the Federal Government, and all money paid to either the State of Nevada
or the Federal Government under any amendment to either or both of the statutes
mentioned in this paragraph.

(j) The actual cost of developmental work in or
about the mine or upon a group of mines when operated as a unit.

(k) All money paid as royalties by a lessee or
sublessee of a mine or well, or by both, in determining the net proceeds of the
lessee or sublessee , or both.

4. Royalties deducted by a lessee or
sublessee constitute part of the net proceeds of the minerals extracted, upon
which a tax must be levied against the person to whom the royalty has been
paid.

5. Every person acquiring property in the
State of Nevada to engage in the extraction of minerals and who incurs any of
the expenses mentioned in subsection 3 shall report those
expenses and the recipient of any royalty to the department on forms provided
by the department.

subsection 3 shall report those expenses and the recipient
of any royalty to the department on forms provided by the department.

6. The several deductions mentioned in
subsection 3 do not include any expenditures for salaries, or any portion of
salaries, of any person not actually engaged in:

(a) The working of the mine;

(b) The operating of the mill, smelter or
reduction works;

(c) The operating of the facilities or equipment
for transportation;

(d) Superintending the management of any of
those operations; or

(e) The State of Nevada, in office, clerical or
engineering work necessary or proper in connection with any of those
operations.

Sec. 281. NRS 373.117 is
hereby amended to read as follows:

373.117 1. A regional
transportation commission may establish or operate a public transit system
consisting of regular routes and fixed schedules to serve the public.

2. A regional transportation commission
may lease vehicles to or from or enter into other contracts with a private
operator for the provision of such a system.

3. In a county whose population is less
than 400,000, such a system may also provide service which includes:

(a) Minor deviations from regular routes and
fixed schedules on a recurring basis to serve the public transportation needs
of passengers. The deviations must not exceed one-half mile from the regular
routes.

(b) The transporting of persons upon request
without regard to regular routes or fixed schedules, if the service is provided
by a common motor carrier which has a certificate of public convenience and
necessity issued by the [public service
commission of Nevada]transportation
services authority pursuant to NRS 706.386 to 706.411, inclusive, and
the service is subject to the rules and regulations adopted by the [public service commission]transportation services authority for a fully regulated
carrier.

4. As used in this section:

(a) Fully regulated carrier means a common
carrier or contract carrier of passengers or household goods who is required to
obtain from the [public service commission of
Nevada]transportation services authority
a certificate of public convenience and necessity or a contract carriers
permit and whose rates, routes and services are subject to regulation by the [commission.]transportation
services authority.

(b) Public transit system means a system
employing motor buses, rails or any other means of conveyance, by whatever type
of power, operated for public use in the conveyance of persons.

Sec. 282. NRS 377A.140 is
hereby amended to read as follows:

377A.140 1. Except as
otherwise provided in subsection 2, a public transit system in a county whose
population is 400,000 or more may, in addition to providing local
transportation within the county and the services described in NRS 377A.130,
provide:

(a) Programs to reduce or manage motor vehicle
traffic; and

(b) Any other services for public mass
transportation which are requested by the general public, if those additional services are included and described in a
long-range plan adopted pursuant to 23 U.S.C.

if those additional services are included and described in a
long-range plan adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

2. Before a regional transportation
commission may provide for on-call public mass transportation in an area of the
county, the commission must receive a determination from the [public service commission of Nevada and the taxicab]transportation services authority that:

(a) There are no common motor carriers of
passengers who are authorized to provide on-call operations for transporting passengers
in that area; or

(b) Although there are common motor carriers of
passengers who are authorized to provide on-call operations for transporting
passengers in the area, the common motor carriers of passengers do not wish to
provide, or are not capable of providing, those operations.

3. As used in this section:

(a) Common motor carrier of passengers has the
meaning ascribed to it in NRS 706.041.

(b) On-call public mass transportation means a
system established to transport by vehicle passengers who request such
transportation on demand.

Sec. 283. NRS 392.330 is
hereby amended to read as follows:

392.330 1. In addition to
the purposes authorized by NRS 392.320, a board of trustees may use
transportation funds of the school district for arranging and paying for
transportation by motor vehicles or otherwise, by contract or such other
arrangement as the board finds most economical, expedient and feasible and for
the best interests of the school district.

2. Such transportation may be arranged
and contracted for by a board of trustees with:

(a) Any railroad company [,
bus company, or other licensed common carrier] holding a
certificate of public convenience and necessity issued by the public [service]utilities
commission of Nevada [.]or bus company or other licensed common carrier holding a
certificate of public convenience and necessity issued by the transportation
services authority.

(b) The owners and operators of private
automobiles or other private motor vehicles, including parents of pupils who
attend school and are entitled to transportation. When required by the board of
trustees, every such private automobile or other private motor vehicle
regularly transporting pupils [shall]must be insured in the amount required by
regulation of the state board of education against the loss and damage
described in subsection 2 of NRS 392.320.

Sec. 284. NRS 405.195 is
hereby amended to read as follows:

405.195 1. Five or more
residents of this state may petition any board of county commissioners to open,
reopen, close, relocate or abandon a public road within the county. The
petition must be accompanied by proof of the petitioners residency and
adequate maps and documentation to justify a hearing on the petition. Upon
receipt of such a petition and the required documentation, the board of county
commissioners shall set a date to conduct a public hearing on the petition. The
date selected must not be earlier than 30 days, nor later than 45 days, after
the petition is submitted. In addition to any other notice required by law or
ordinance, the board shall cause notice of the time, date and location of the
hearing to be published at least once each week for 2
successive weeks in a newspaper of general circulation in the county.

least once each week for 2 successive weeks in a newspaper
of general circulation in the county.

2. Upon conclusion of the public hearing,
the board shall determine whether the road in question has acquired the status
of a public road because:

(a) Construction of the improvement occurred
while the land was unappropriated, unreserved public land;

(b) The improvement was constructed by mechanical
means which made the physical change to the natural area necessary for the
customary or usual passage of traffic; and

(c) The right of way was:

(1) Accepted by the state or local
government for dedication as a road for public use and thereafter the road was
used by the public at large; or

(2) Accepted by use as access to a mining
claim or other privately owned property.

3. If the board concludes that the road
is a public road, the board may order the public road to be opened, reopened,
closed, relocated or abandoned, for all or part of the year. The boards
decision must be based on specific findings, including, but not limited to:

(a) The resulting benefit to the general public;

(b) Whether any significant impairment of the
environment or natural resources will result; and

(c) Whether the decision will result in a
significant reduction in the value of public or private property.

The order of the board must be reduced to writing, including
a statement of any actions which must be taken to effectuate the decision and
the person to whom each such action has been assigned. If possible, the order
must be signed by any person who has agreed to take a specific action to
effectuate the boards decision. The lack of such a signature does not invalidate
the order.

4. If the order of the board is to close
or abandon a public road, the board shall, upon the petition of five or more
residents of the state, designate and provide an alternate route serving the
same area. The closure or abandonment of a public road by the board does not
prohibit or restrict the use of that road by a governmental agency or a public
utility regulated by the public [service]utilities commission of Nevada for the
maintenance, construction or operation of a facility of the agency or utility.

5. Any person or governmental agency may
bring and maintain an action in the district court of the county in which the
public road lies to prevent any person, including a public agency, from
violating an order issued pursuant to subsection 3.

6. The attorney general may bring and
maintain an action in any court or before any federal agency if an agency or
instrumentality of the Federal Government denies the use of a public road
located on public land in this state.

7. Nothing in this section affects the
right of the department of transportation to regulate freeways or highways in
this state.

405.201 As used in NRS 405.201 to
405.204, inclusive, unless the context otherwise requires:

1. Accessory road means any way
established over public lands between 1866 and 1976 pursuant to section 8 of
chapter 262, 14 [Statutes 253 (]Stats. 253 (1866), former 43 U.S.C. § 932 ,[)] as to
which general public use or enjoyment before 1976 is not established, but which
provides access to privately owned land.

2. Public utility means any public utility,
as that term is defined in NRS 704.020, that is subject to the jurisdiction of
the public [service]utilities commission of Nevada.